A Study On The Danger Increase Notification Rules In Insurance Law

The insurance contract is established found on the value of equilibrium of intellection,the risks surpassed the insurer correspond with the premium paid by the insurer.Therefore,when the degree of danger of the subject-matter insured has increased significantly,the insured should inform the insurer of the changes on time.so that the insurer can exercise its rights in a timely manner so as to restore the insurance contract to its original balance.However,there are some problems in the application of the increased danger notice rule,which are mainly manifested in the effects of the exemption clause on the obligation to increase the danger of notification.The main manifestations are the effects of the exemption clause's effect on the obligation to increase the notification of danger,the determination of the cause and effect of the increase in the risk and the insured accident are different,and the legal consequences of whether to perform the obligation of notification are confused.Insurers often take advantage of their high professionalism to present a risk increase notice clause as a waiver clause.Whether the insurer fulfills the obligation of reminding and explaining the exemption clause affects the effectiveness of the exemption clause,and the insured's obligation to notify the danger increase is affected.Without specific analysis of the increased danger notice clause,the legitimate interests of the insured party may be seriously damaged.Because it is still a legislative gap,in order to protect the principle of consideration balance of the contract,it is necessary to conduct a detailed analysis of the type of this clause.If the insurer expresses the danger increase notice clause as a purely agreed exemption clause,then the insurer must fulfill the obligation of reminding and explaining before the clause will take effect;if it is a statutory exemption clause in a prohibited situation stipulated by laws and administrative regulations,The insurer will take effect when it fulfills the obligation to prompt.In terms of the causal relationship between increased underwriting risk,the law requires that the two have a causal relationship,but the judgment of the causal relationship is not specified,and there are theoretical disputes and different judgments in the same case.The author believes that the principle of near cause can be used to judge the cause-effect relationship in order to better realize the interests of both parties.In addition,it is necessary to distinguish between different situations in the specific application of the proximate cause principle.Whether the notification obligation is fulfilled has different legal consequences.If the insured fulfils the notification obligation,the right of the insurer is to increase the insurance premium or terminate the insurance contract.However,the order in which the insurer's rights are exercised shall be determined in conjunction with whether the initiation of the increase in risk can be attributed to the policyholder and the performance of the obligation to notify the increase in risk.If the insured person violates the notification obligation,the insurer will not be liable for the insurance premiums for insured accidents due to increased danger.