Analysis On The Case Of Shuaiying

According to the incontestable Clause, if the policy holder made an innocent misrepresentation when signing the contract, the insurer could exercise the right of defense during the counterplea period. However, when applying the incontestable Clause to fraudulent misrepresentation, the situation is different in various countries and regions and there is no agreement in the field of theory. As one of the main drafter of 95' insurance law, Wang Enshao pointed out that the article 54 of this Law had provided the scope of the application of the incontestable clause. This article didn't exclude the applying of Incontestable Clause to fraudulent behavior. And there is no agreement in the field of theory on the question. For the above reasons, it is not suitable to exclude the applying of the article 54 to lying on age. In the case, Shuai Ying had committed two kinds of behavior that lying on age and getting other one do medical examination for her mother. Although the two kinds of behavior shall be bound by different articles, as a unit, the behavior made up the objects of insurance, shall not be bound by the article 54 and violates the provisions of insurance law and criminal law.This paper is divided into four parts in addition to the Introduction and Conclusion.Partâ… :Introduce the case of Shuai Ying and the related views.Partâ…¡:Analysis the problem that whether Shuai Ying'behavior violates the provisions of insurance law.Partâ…¡:Analysis the problem that whether Shuai Ying'behavior violates the provisions of criminal law.Partâ…£:Introduce the Incontestable Clause in new insurance law and how to improve the new insurance law.