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On the Narrowing of the Duty of Disclosure in Insurance Law

Author: WangAnSheng
Tutor: ZhuYanSheng
School: Xiamen University
Course: Civil and Commercial Law
Keywords: the Duty of Disclosure Insurance Operation Utmost Good-Faith
CLC: D922.284
Type: Master's thesis
Year: 2005
Downloads: 217
Quote: 1
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Abstract

The duty of disclosure in insurance law is one of the foundations of insurance operation. With the development of insurance business, the duty of disclosure becomes to focus on the protection of policyholder’s interests and diminution in its disclosure obligation. Such change reflects a trend in the interest pattern between the parties in insurance relationships. It can make contribution to the development of the duty to disclose in Chinese insurance law both in both theoretical and practical perspective. This dissertation discusses the duty of disclosure from ipso facto to jurisprudence. After analyzing the real world of insurance business and studying the evolvement of the duty of disclosure in insurance law and the rules, this author concludes that the narrowing of the duty of disclosure starts from the requirements of balance between premiums and insured risks and it develops with the support of the principle of utmost good faith.The dissertation consists of three chapters besides the preface and conclusion. Chapter one discusses the factual basis of the theory on narrowing the duty of disclosure. By analyzing the group nature of insurance, the character of balancing considerations of insurance, the situation of asymmetry of information before the deal and the development of insurance business, it grasps the prospect of the narrowing of the duty of disclosure and points out the factual reason behind it.Chapter two explores the evolvement of the duty of disclosure. After probing into the establishment, dissimilation and reconstruction of insurance disclosure, the author discovers that the duty of this kind has been developed from subjectivism to objectivism and the scope of disclosure has been shifted from unlimited and active disclosure to limited and passive disclosure. In a word, in this chapter the author draws a picture of gradual loosening in the content of disclosure.Chapter three analyses the rules in insurance law by which the narrowing of the duty of disclosure is embodied. By studying the contents and modes of the disclosure, the legal consequence of violation of this duty and the composing

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