Research On The System Of Insurance Liability Undertaking In The Blank Period Of Life Insurance

In life insurance,according to the way of underwriting,the insurer usually needs to charge a certain amount of premium after receiving the application for insurance from the applicant,which is generally equivalent to the first premium paid by installments.Then,the insurer gradually reviews the conditions of insurance filled in the insurance,and then makes a decision on whether to agree to underwrite or not,and finally informs the applicant.The above process of underwriting operation can be simply summarized as:receiving the application form--collecting premium in advance--underwriting--deciding whether to underwrite or not--notifying the applicant.It can be seen from this that it will take a long time from the applicant's offer to the insurer's acceptance.During the period when the applicant has submitted the application form and paid the premium and the insurer has not completed the underwriting,it is called the insurance blank period.Because of the particularity of insurance blank period,it is easy to produce contradiction in practice.The main controversy is:whether the insurer should bear the insurance liability when the insured has an insurance accident during the insurance blank period.In 2013,the issuance of Judicial Interpretation II of the insurance law pointed out the direction for the handling of such cases:presuming that the insurer bears the insurance liability.Its connotation is that,in the case that the insurer has collected the application form and premium but has not made an underwriting,the premise is whether the subject matter of the insurance meets the underwriting conditions,and then the court determines whether the insurer is liable for the insurance compensation.It can not be denied that the introduction of judicial interpretation to a certain extent makes up for the lack of law in regulating this problem,but there are still many gaps and unclear places.At present,there are relatively mature temporary insurance system and retroactive insurance system in foreign countries about the blank period of insurance.The contents of each regulation are different,but the result is that the insurer's insurance liability can be traced back to before the establishment of the insurance contract by different rules and methods of legal intervention from various angles,So that the insurer is responsible for the insurance accidents occurring from the pre premium collection to the pre underwriting,so as to establish a complete mechanism for the protection of the interests of the applicant and the insured.It is the key point of this paper to choose a suitable system to use for reference.The structure of this paper is divided into four chapters,as follows:The first part analyzes the causes of the insurance blank period.From the perspective of the insurer's underwriting process,it is due to the insurer's prec ollection of premium and the need for reviewing the conditions of insurance befo re the establishment of the insurance contract.This paper also discusses the dis putes of the insurer's liability in the blank period from the following aspects:t he effective time of the insurance contract,the insurer's right of reviewing the application form,the principle of reasonable expectation,the principle of fairne ss and the principle of consideration.The second chapter analyzes the defects of the system of insurer's liability in the blank period.These defects mainly include the defects in the provisions of conforming to the underwriting conditions;the risks that the insurer bears according to the judicial interpretation may be the risks that have occurred at the time of the conclusion of the contract and are not suitable in principle;the failure to limit the underwriting period makes it difficult for the insurer to delay the underwriting;the insurer needs to undertake commitments according to the provisions of the judicial interpretation before the danger,but the 14^thof insurance law stipulation,the insurance contract is the promissory contract,after the insurer promises,will be restricted,both have the contradictory place;whether the judicial explanation applies to the insurance contract which sets the waiting period has the dispute.In the third chapter,the author makes a comparative analysis on the legal system of insurance blank period in foreign countries.Through the analysis,it can be found that there are more temporary insurance systems outside the country to regulate the liability of the insurer in the blank period.The establishment of the temporary insurance system can avoid the insurer's delay in underwriting and keep the insured's rights and interests in a state of suspension.At the same time,it also guarantees the time required by the insurer for underwriting.Therefore,the introduction of the temporary insurance system in China can better solve the problem of insurance liability during underwriting.At the same time,through the comparison of compulsory temporary insurance and voluntary temporary insurance,it is more appropriate to choose the compulsory temporary insurance system when the premium has been paid in advance in life insurance.In the fourth chapter,the compulsory temporary insurance system is established in the subsequent revision of the insurance law.A qualified temporary insurance contract shall include the starting and ending period of the insurance contract,the scope of the insurer's undertaking and other general matters.Compared with the formal insurance contract,the compensation amount in the compulsory temporary insurance contract should be lower than that in the formal insurance contract.In order to regulate the phenomenon of insurer's delay in underwriting,the period of insurer's underwriting should also be limited in the design of compulsory temporary insurance system.Finally,we should also analyze the invalidity of the insurance contract,the insurer's exercise of the legal right of rescission,and the impact of the exemption clause of the insurance contract on the compulsory temporary insurance contract.Through the research,this paper draws the following conclusion:no matter the legislation mode of our country,the retroactive insurance system or the constructive insurance contract establishment system,it is the law that forcibly applies the insurance liability stipulated in the future effective insurance contract in the blank period,but this can not explain the contradiction that the insurance contract has not yet come into effect,but requires the insurer to bear the insurance liability.The temporary insurance system can effectively resolve this contradiction,and avoid the defects in the legislation mode of our country through the specific design of the content of the temporary insurance contract,so as to realize the balance of interests between the insured and the insurer.