A Study On The Obligation Of Disclosure Of Group Life Insurance

The determination of the obligation of telling the truth has always been one of the important links in the settlement of group life insurance claims,which is related to whether the insured or the beneficiary can get economic compensation.At present,there are two main problems in the obligation of truthful disclosure of group life insurance in China:one is that it is difficult to determine the obligors;the other is that it is difficult to determine the scope of truthful disclosure.On the one hand,it is difficult to determine the obligors.For example,Article 16(1)of the insurance law stipulates that in the process of concluding an insurance contract,only the applicant has the obligation of telling the truth.However,Article 12 also stipulates that when the interests of the insured are involved,the insured can be the applicant of the life insurance.On the other hand,it is difficult to determine the scope of the obligation of disclosure.It is difficult to determine the scope of the obligation of the applicant or the insured to inform the insurer,resulting in legal disputes.The above two problems have been puzzling the development of group insurance,which is related to the vital interests of the insured or the beneficiary,but there is no clear stipulation in the insurance law of our country so far.In view of the fact that there is no unified standard in the legal system of our country for the problems in the obligation of truthful disclosure,it is particularly important to clarify the subject and scope of the obligation of group life insurance disclosure.This paper is divided into five parts.In the first part,through the comparison of individual life insurance and group life insurance,it is found that there are two problems in group life insurance,namely,the difficulty in determining the subject of the obligation of truthful disclosure and the difficulty in determining the scope of truthful disclosure.In the second part,by enumerating the contradictions between the legislation and the practical operation of the insurance law of our country,and combining with the advanced experience of foreign countries,the author explains the difficulties in determining the subject of the obligation of truthful disclosure and the defects in determining the subject.The third part introduces the four views of the scope of the obligation of truthful disclosure,points out the defects of the scope of the existing group life insurance disclosure in China,and puts forward some suggestions.The fourth part explores the consequences of violating the obligation of telling the truth.From the point of view of protecting the insurer,this paper analyzes the right of rescission of the contract granted by the contract law and the right of rescission of the insurance contract granted by the insurance law,and evaluates the theory of how to apply when the two rights are in competition,so as to choose the theory that is in line with China’s national conditions.The fifth part reveals the Enlightenment of foreign experience to the system of the obligation of telling the truth of group life insurance in China,and puts forward some suggestions to improve the system of group life insurance in China.And focus on the improvement of the insurance industry and claims two links,especially for the improvement of the contracting process.This paper attempts to find an effective solution through the analysis of the two main problems of group life insurance,i.e.the obligation to tell the truth,and hope to contribute to the development of group insurance in China.