On The Principle Of Utmost Good Faith In The New "Insurance Law"

The revised "insurance law" has been implemented since October 1,2009. The implementation of the new "insurance law" promotes China's insurance industry, improves the relationship of the insurance companies and consumers. Especially the principle of utmost good faith throughout the new revised "insurance law", plays an important role in protecting consumers'interests and safeguarding insurance company.Since 1906 the Marine insurance act first established the principle of utmost good faith, the insurance laws of Anglo-American law and most of the countries of continental law system made the principle of utmost good faith as the basic principle of insurance law. The principle of utmost good faith requirement insurance contract party should be honest, credible, with the well-meaning way to perform its obligations, shouldn't abuse their rights and avoid the obligations prescribed by the contract or law. Our country new revision of the "insurance law" rules that insurant has the obligation of informing and rescuing, the underwriter has the obligations of explaining, abstention and estoppel, which is the important embodiment of the principle of utmost good faith.This paper discusses the meaning and development the principle of utmost good faith, Introduced the scholars to explore the meaning of the principle of utmost good faith proposed all sorts of theories, such as ethics said, interests balance, lawmakers will said, said mixed said, and so on, and expounds the principle of utmost good faith its origin and development process. This paper focuses on the new revised "insurance law" in the relevant contents of the principle of utmost good faith is analyzed, reflected in the policy-holder of tell obligation according to the facts, insurant and be or get out of danger increases the risk of the announcement obligation, the insured defend the safety of insurance mark obligations and timely rescue the obligations, and clearly the obligations and the underwriter waiver and estoppel in several ways. Based on the analysis of the above provisions and reasoning pointed out the shortcomings of the after, such as policy-holder is disobeyed inform obligation "gross negligence" situation can consult standard;no The insured, in violation of the obligation to defend the safety of insurance mark insurance accident happens, the underwriter entitled to refuse to assume insurance responsibility not specified;Insurant when be or get out of danger in time in violation of the labouring obligations should bear the legal responsibility also how not specified; The underwriter can orally to the applicant explain some of the provisions of the disclaimer in order; The insurer of the right to terminate a contract cannot contradictory rules should be exceptions, etc.The paper points out the defects of the these provisions,and finally put forward the corresponding countermeasures.