The Study On Notification Obligation Of Significant Increase In Risk

When the risk insured by the insurance contract increases significantly,the balance of consideration is broken.The risk insured by the insurer is out of balance with the premium paid by the policyholder.Therefore,the balance of consideration needs to be maintained by performing the obligation of notice of significantly increased risk.Although Article 52 of the insurance law of the People’s Republic of China(hereinafter referred to as the "insurance law")stipulates the obligation to notify of the significant increase in the risk of the subject matter of insurance,in practice,when there are insurance contract disputes caused by the significant increase in risk,there are some problems such as how to determine the significant increase in risk and whether the obligation to notify has been effectively fulfilled.There is still ambiguity or divergence in understanding or interpretation,which makes the risk increase significantly and hinders the application of the obligation of notice.This paper summarizes the problems existing in the trial practice of notification obligation of significant increase in risk.Through the retrieval of relevant cases of notice obligation of significantly increase in risk,the following three main problems are summarized: First,the judgment standard of "significant" of significant increase in risk is different,and the results of similar cases are different due to the different judgments of the significance of risk increase.The second is the identification of the causal relationship between the increase of risk and the occurrence of accident.On the premise of significant increase of risk,it is also necessary to identify the causal relationship between the significant increase of risk and the occurrence of accident,and then determine whether it belongs to the scope of insurance liability.The third is the suggestion and explanation of the exemption clause of the obligation of notice of increased danger.The insurer usually sets the obligation of notice of significant increase in risk as the exemption of liability.If the insurer does not prompt to explain,the court generally determines that the obligor of notice does not need to perform the obligation of notice according to the applicable rules of the obligation of prompt explanation.Therefore,the exemption of liability is often the key to whether the obligation of notice should be fulfilled.On the basis of summing up the problems,to find a reasonable way to apply the obligation of notice of significant increase in danger,we should further form a unified judgment standard of significant increase in danger,and reasonably use the principle of proximate cause to judge causality,in addition and cautiously determine the performance of the obligation of notice of significant increase in danger.Through the above ways,we can avoid different judgments in the same case and ensure the unity and stability of court decisions in judicial practice.At the same time,there are some deficiencies in the legislation of the insurance law,such as the omission of the relevant legal provisions on the notification obligation of significant increase in risk,the lack of classification of the notification obligation of significant increase in risk,the small scope of application of the notification obligation of significant increase in risk,the omission of the content of the time and way to perform the obligation,and the confusion of legal consequences.Therefore,it is necessary to improve the legislation of insurance law.Such as the division of subjective risk increase and objective risk increase,at the same time distinguish different legal consequences.The obligation of notice of significant increase of danger is applied to life insurance,and the time of performance of the obligation is stipulated.This paper attempts to solve the problem of the notice obligation of significant increase in danger in judicial application,and improve the provisions of the notice obligation of significant increase in danger.