The Notice Duty Of Insured In Insurance Contract

Insurance contract is a kind of continuing contract. During the period, there may be many changes associated with contract which should be acknowledged by insurer. Insured is the person whose interest is secured by the insurance contract and who controlled the contract objective, so he most cares and knows about the situation of the objective .Insurance Law stipulates a series of duties of notice for the insured which is duration of the utmost faith principle. There are four duties of notice in China insurance law which are notice duty of alteration risk, notice duty of double insurance, notice duty of variation of contract and loss notice. Duty of notice is not the major duty of insurance contract, but if it was not complied, interest of insured and beneficiary will be affected. However, there are disadvantages about the stipulations in China insurance law which lead to puzzlements in practice. All discussions will be followed.In Part one, we research the base of the duty.In part two, notice duty of Alteration of Risk is analyzed. The duty of notice aims at making insured knowing about the risk situation and balancing the relation. The stipulation in China insurance law is very simple and can not show the equality and effect. Part three is about duty of double insurance .Double insurance, a part of principle of indemnity, aims at avoiding that the insured receives any sum in excess of the indemnity. The definition of double insurance is not reasonable in China insurance law. And the absence of effect makes that the duty can not be complied .By analyzing the related system in Continental law and Anglo-american law, some advices are given.Part four is about notice duty of variation of contract.This part includes notice duty of assignment of policy and the change of beneficiary. By analyzing the assignment of objective and related foreign legislations, we conclude that the stimulation in China insurance law is not clear and it cannot properly protect the interest of the insured. In China insurance law, the insured has the right to change the beneficiary. In order to avoid double sum by insurer, the duty is stimulated. However, the law does not mention when will the change be in effect and the law effect of Breach. All these questions should be discussed.We discuss loss notice in part five. First we analyze who has the duty and when to notice. By analyzing the assignment of objective and related foreign legislations,we point out the defects of China insurance law and effect caused by it. We conclude that China insurance law should add the effect of breach and China marine law is a good example.