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On the Incontestable Clause in Our Country’s Insurance Law

Author: HuangHuiFang
Tutor: ShenTongXian
School: Suzhou University
Course: Legal
Keywords: Insurance Law Incontestable Clause Application Exception
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 51
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Abstract

As an important part of the insurance law, the incontestable clause states that after the insurance policy is in force for a certain period, the insurer cannot void it because of concealment by the insured. In order to balance the interests of both parties, the incontestable clause restricts the insurer’s right to void the policy because of concealment by the insured, avoids the over usage of plea rights by the insurer, limits the insurer’s right to avoid the policy on the basis of concealment, protects the insured’s reasonable expectation and trust on the policy, and guarantees the legitimate rights of the insured. The incontestable clause is internationally applied, especially in countries and areas where insurance law is more perfect, and where the clause is incorporated in the law. However, before the revision of our country’s insurance law in 2009, the incontestable clause is not stated. The new insurance law learns from the rich experiences of countries and areas with more perfect insurance laws, and adopts the incontestable clause in the sixteenth article.This paper introduces the implication and source of the incontestable clause in our country’s insurance law, discusses the influence of traditional market economy countries and Taiwan’s relevant laws on our country’s law, analyses the rules in our country’s insurance law concerning the incontestable clause, reveals the clause’s inadequacy, and makes suggestions on the perfection of the clause so as to provide useful assistance for the perfection of incontestable clause in our country’s insurance law.

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