Analysis Of Accident Liability Cases In Insurance Blank Period

With the rapid growth of the social economy and the improvement of people’s material conditions,the insurance industry has also entered a period of rapid growth.Disputes often arise over whether the insurer has fulfilled its insurance obligations.The " insurance blank period " refers to the period when the policyholder has paid the premium but the insurer has not yet started performing its insurance obligations.If an agreed perilous accident occurs during this time,the parties to the case will often dispute whether the insurer should fulfill its obligation to pay.As a result,the parties to the case often disagree as to when the insurer assumed contractual liability.After collecting and collating the cases of " insurance blank period " contract disputes,it was found that the issues in dispute in the cases were: whether the insurance period clause was a form clause exempting the insurer from liability when the insurance contract was formed,and effective,and the point in time when the insurance liability period started to run.By sorting out the basic facts of the sample cases,combining the existing research results,and interpreting and analysis of the relevant legal norms,the following conclusions were reached: firstly,the insurance period clause was an invalid form clause,which was unilaterally created by the insurer for its abatement;secondly,as the insurance period clause was invalid,the insurance contract did not take effect according to the time stated in the contract,but should be deemed to take effect immediately after the formation of the contract;finally,the insurance liabili ty period was invalid.Finally,the start of the liability period is primarily to see if there is a valid commitment in the contract,and in the absence of an agreement or an invalid agreement,the insurance contract commences when it enters into force.There is a growing debate in the academic community on issues related to the "insurance blank period " in China,and more and more people are suggesting that the Insurance Law should be improved and a reliable system should be established in it to protect the reasonable interests of policyholders and insured persons.To this end,China has also made several users attempts to address the root causes of the "insurance blank period " in legislative and judicial terms.In terms of the current status of China’s insurance legislation,the current Insurance Law and related legal provisions have not yet formed a complete legal system regarding the " insurance blank period ".Therefore,based on the experience of foreign legislation,we propose to introduce a temporary insurance contract system and a retrospective insurance system into the Insurance Law,to provide legal protection for policyholders and insured persons.