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Research on the Duty of Notification of Risk Increase in Insurance Law

Author: DengChun
Tutor: XiaoHeBao
School: Hunan University
Course: Civil and Commercial Law
Keywords: Increased risk of The obligation to notify Fulfill Legal effect
CLC: D922.284
Type: Master's thesis
Year: 2010
Downloads: 96
Quote: 1
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Abstract


Increased risk of the obligation to notify is an important obligation of the Insurance Law , which refers to the insurance period , the insurance risk to the subject matter of the degree of the fact that a significant increase in the insured or the insurer shall promptly notify the insurer to insurer can be aware of the subject-matter insured risk of changes in conditions, and take appropriate measures to control the risk . The obligations set is due to the normal operation of the insurance industry needs and the characteristics of the insurance contract . Its not real obligation in nature and shall not seek to force the performance ; at the same time is also a one - sided forcibly provisions , not for the interests of the insured party does not change . Increased risk refers to the original subject matter of the insurance hazardous situation occurs during the insurance continued to increase , the increase has not been estimated as a basis for calculating the premium rate , continue to fulfill the original contract \. Significant , persistent , not evaluative three characteristics . Significant identified should be to achieve \In addition , a distinction should be made between the increased risk of subjective and objective provides for a different legal effect to the insured party in good faith to maintain the risk profile of the subject matter of the insurance . The main obligations of the increased risk of the obligation to notify the insured and the insurer , should be aware or should be aware of the increased risk in a timely manner will affect the situation of the Insured risk estimates notify the insurer . In the case of increased risk , the insurer by premium increases , entered into an exclusion clause , or to terminate or rescind the contract , to relieve their lack of interests . Insured event occurs , should be combined with the principle of non - causality principle of causation , and the principle of proportionality , taking into account , in order to determine the benefit obligations of the insured person . In addition , you should also distinguish between subjective and objective risk increase , as well as a variety of increased risk of whether the performance of the obligation to notify the insured party , provides for a different legal consequences , so beginning in line with the requirements of the principle of good faith and balanced consideration of the Insurance Act .

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Insurance Law
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