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Research on Application of the Rule of Incontestability in Insurance Law

Author: ZhouFang
Tutor: WuHong
School: East China University of Political Science
Course: Legal
Keywords: Insurance Law Non- defense system Applicable
CLC: D922.284
Type: Master's thesis
Year: 2010
Downloads: 362
Quote: 2
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Abstract

This article is not available from the insurance law defense system, the basic meaning, origin and historical evolution as starting on the non-defense system in-depth study and research, from the legal system to non-existence of the necessity defense, values, etc. are described, and to non-defense system outside the application and development are discussed and analyzed. On this basis, in our 2009 \The challenge put forward corresponding recommendations. This paper is divided into four chapters. The first chapter is applicable to non-defense system and its legal analysis. This chapter focuses on the meaning of non-defense system and its general explanation for the origin and development based on the review, from the long-term life insurance contracts, social characteristics of two non-defense system analyzes the necessity of the existence and illustrates the non-defense system to protect the interests of beneficiaries, limiting insurers abuse of rights, maintaining the value of transaction security and other aspects of the role, from the insurer's right to terminate the contract, insurance law and contract law the right to terminate the right to revoke competing etc. legislation on the basis of non-defense system to explore, indicating a non-defense system in the most important role is to protect the value of the legitimate expectations of the beneficiary interests, and discusses non-defense system on the general contract legal breakthrough. The second chapter is applicable outside the experience of non-defense system. This chapter focuses on the non-defense system in all major national and regional laws of the relevant provisions of the state, but also introduced a non-defense system in the insured has a serious fraud, non-payment of premium, the insured has no insurable on the subject of insurance and other aspects of interest applicable shall be subject to reasonable restrictions, as well as coverage for insurance aspects gradually widening trend. The third chapter is our non-defense system development process and content analysis. This chapter describes mainly from the non-defense system in our country's development process, noting that in 2009 \non-defense system of the \The fourth chapter is the application of the system of non-defense Difficulties and countermeasures. This chapter focuses on the defense system can not be combined with the application of foreign experience, discusses the defense system in our country can not be insured with a serious fraud, property insurance contracts, can not be defended during the dangerous condition of the three aspects of the defense claims during the period of application of difficulties, and for the These difficulties and apply non-defense system outside the new development trend, raises serious fraud and property insurance contracts NA defense system can not be a defense for the period Chuxian Whenever claims can be contested as well as clear terms and exclusions can not be defended Terms relations legislative suggestions for improvement. Defense system can not be applied due to the insurance company's management is also a great challenge, in combination with our insurance practice, based on the insurance company to make the challenge more proactively, this chapter also proposes strengthening underwriting claims management, strengthen self- Business process management, adjustment and agent team six responses.

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