Insurance Laws An Incontestable Clause Exception Case Study

Terms of ineontestable claus is the insurance contract with the rights and obligations of the parties imbalance, information asymmetry phenomenon, which is both a product of compromise, but also comply with the obligations of weakening the product. Duty to Inform by the insured and the insurer the insured in consequence of violating the obligation to lift the restrictions on insurance contracts, re-regulate the rights and obligations of both sides, to reach a new equilibrium. However, with the development of insurance law, the gradual application of the provisions can not be a defense for the insured or the insurer has provided a guarantee of abuse of rights, making the insured and the insurer's rights and obligations once again out of balance. In this case,the need for reconstruction of the rights and obligations of both parties to make mutual restraint. And resolve the imbalance between rights and obligations of both parties is to make the necessary provisions to ineontestable claus limits the provisions of the exception clause is not a defense, so that the application of the terms of the insured limit, rather than any absolute.In this dissertation,from the meaning of ineontestable claus, analyzes the form of ineontestable claus, content and meaning of existence value, and further elaborated terms can ineontestable claus the new development trend.This is ineontestable claus in terms of function value and its theoretical basis, while the insurance industry around the world and the developed countries the legislative provisions to non-defense situation, ineontestable claus targeted points out the strengths and weaknesses, particularly in terms of ineontestable claus exceptions deficiencies. China's newly revised insurance law is not clearly defined terms of ineontestable claus, but still not perfect. The insurance industry developed the terms of the ineontestable claus research, no doubt on China's insurance industry has a reference and reference.Finally, on ineontestable claus of the study concluded, clearly China's insurance laws in ineontestable claus provisions of the existence of some of the deficiencies, and further by studying the legislation and the latest theory, put forward to improve insurance law can not defend the provisions of the proposed order the development of China's Insurance Law helpful.