A Study On The Risk-increasing Notification Obligations In Insurance

The core function of insurance is to manage and control risk,and the burden and transfer of risk is the core content of insurance contract.The so-called risk transfer means that the insurer takes a considerable amount of insurance rate as consideration and provides the insured with a considerable amount of insurance protection within a certain range of risks.The size and nature of the risk play an important role in the insurance contract.On the one hand,it will determine whether the insurer underwrites or not,and the other party will determine the amount of the premium.However,as a continuing contract,in the process of insurance contract performance,the subject matter of insurance is often in the actual use of the state,so its risk degree must be in constant change,and at the same time,the insurer cannot understand the risk degree of the subject matter in time,which will inevitably lead to the imbalance between the premium rate and the liability for insurance compensation.The risk-increasing notification obligation is based on the consideration of maintaining the balance of consideration between premium rates and liability for insurance benefits.Risk increase notice obligation refers to when the risk degree of the subject matter of insurance increases and will affect the insurer to decide whether to underwrite and adjust the premium rate,the insured should inform the insurer truthfully of the danger increase,and the insurer will decide whether to underwrite or adjust the rate.Article 52 of the current Insurance Law of our country systematically stipulates the obligation to increase the notice of danger.At the same time,the Supreme People's Court's Interpretation of Several Questions Concerning the Application & lt;People's Republic of China's Insurance Law & gt;(4)(hereinafter referred to as "Judicial Interpretation 4")lists the cases of significant increase in danger,but the situation of increasing danger in practice is various and complex.In addition,there are still many problems in the judicial practice,such as whether this obligation is legal or contractual? Is the insurer free to increase premium or terminate the contract? How to deal with the complex causality between the increase of danger and the insurance accident,etc.The judicial interpretation of the above-mentioned issues has not been clearly answered.In this paper,some suggestions are put forward on the problems encountered in judicial practice.The first part analyzes the hazard increase notification obligation from three perspectives: legal basis,insurance basis,and nature,determines the legal principle and insurance basis for the establishment of the hazard increase notification obligation,and analyzes the risk increase notification obligation should be regarded as a legal obligation.The second part firstly reviews the legislative evolution of China's increased risk of notification obligations,analyzes the direction of legal improvement,and secondly uses case analysis to draw up the judicial practice problems that this article intends to solve,and analyzes the focus of disputes related to increased risk of notification obligations.The third part analyzes the problems existing in the process of fulfilling the dangerous increase notice obligation and gives some suggestions.Specifically divided into three aspects,one,the main body of the notice obligation should include the insured,so as to protect the interests of the insurer;the other,clear the criteria for determining the significant increase in the risk;the third,for the insurer to exercise the right to terminate the contract or increase the premium set a period to urge the insurer to exercise the right in a timely manner.In addition,the exception to the notification obligation is supplemented.The fourth part analyzes the legal effect of the obligation to increase the risk of notice,including two aspects,on the one hand,the limitation of the insurer's right to exercise after the insured fulfills the obligation to increase the risk of notice,on the other hand,the treatment between the matter of increase of danger and the accident of insurance under different circumstances of causality.