A Case Analysis Of Chen V.s China Life Insurance Company

Insurance contract as a special form of contract, on the one hand, insurers are covered by insurance subject of extensive and complex, only the insured party is most clearly the subject matter insured risks and circumstances, and risk insurance side not the its details difficult by survey or inspection can fully grasp. On the other hand, insurance contracts are to go along with the contract, the contract unilaterally enacted by the insurer, the insured party can only be taken to agree or disagree with, or acceptance of additional terms. Therefore, the relationship of an insurance contract on the parties of good faith requirements more stringent than the general civil activities, require the parties to the principle of utmost good faith. In addition, the entry into force of the state of the insurance contract, in addition to the general contract, as well as its unique entry into force of reasons, such as the insured no insurable interest in the subject matter insured, the death insurance contract without the consent of the insurer, the insured amount exceed the insured value, more than part null and void, and parents for their children insured death insurance in excess of limits, the excess part of the invalid. As a legal fact, invalid contract or will have certain legal consequences.This article is divided into three parts:the first is a review by Chen v. an insurance company life insurance contract dispute the merits of the case and the trial, further summed up summarizing the focus of the case, and the insured person meets the insurance conditions and contract whether to do the principle of utmost good faith, trust loss of interest determine the focus interpretation of insurance contracts and the insurance contract null and void; the second part of the description of the insurer’s obligation to policyholders Duty to Inform, void of the constituent elements of the insurance contract and loss of trust interests in the insurance contract null and void identified carried out in-depth discussion; the third part is the reference to today’s academia to the mainstream view and the latest laws and regulations and proposed laws on both the life insurance contract obligations of the legal provisions and the insurance contract is invalid suggestions for Improvement of the consequences of judicial practice in the future, in order to have some reference value.