Legal Research On On-line Insurance

The internet technology is developing rapidly.In order to adapt to the demands for on-line insurance,the underwriters are constantly promoting the on-line insurance business.The most important characteristic of internet is virtuality.The insurance industry works on the basis of the law of great numbers to make effective diversification of risk.Virtuality stops the parties from communicating face to face and makes them unable to get direct information of the opposite side,which has a negative effect on the insurance industry.According to the existing insurance law,three questions has been raised:How can the underwriters get enough information about the assured via the internet?How can the underwriters perform the obligation of explicit explanation?How to judge whether the manipulator have the right to manipulate the certain insurance?The three questions above are becoming the most urgent ones to be solved.This thesis is going to analyze these questions.This thesis is going to analyze the questions above.This thesis is divided into five chapters.Chapter I deals with two typical cases,in order to raise the topic that how can the 'Insurance law' well-applied to the on-line insurance,from comparing the two different judgment.Chapter ? gives the general introduction of on-line insurance,such as the conception of on-line insurance,the characteristics of on-line insurance,the relationship between the online insurance and typical insurance,and the development phase of on-line insurance.Chapter ? firstly analyzes the standard of performing the faithful disclosure obligation according to the 'Insurance law'.Secondly,this chapter takes the peculiar problem of on-line insurance into consideration,such as how to use substantial question and how to deal with non-disclosure by general fault.Thirdly,the chapter concludes some ways of using the 'Insurance law' to solve the problems above.Chapter ? mainly analyzes the underwriters' obligation of giving a reasonable alert and explanation in internet insurance.It discusses the standard of performance of alert obligation and explanation obligation respectively,followed by the author's suggestions.Chapter V mainly discusses the on-line insurable interest.Lacking of face-to-face communication makes it easier for the lawbreaker to defraud by faking as insurant,which will bring moral hazard to the on-line insurance.The judges should pay attention to the manipulator to avoid the risk mentioned above.