On The Duty Of Truthful Disclosure Of The Applicant In The Insurance Law

The relationship of insurance is a kind of risk transfer.The policy holder transfers the risk to the insurer by agreeing to pay a certain amount of fees.In the process of signing the contract,there is information asymmetry between the policy holder and the insurer.For the insurer,the assurance of the insurer’s rights to a certain extent depends on whether the insured’s commitment is true and accurate.Therefore,the principle of utmost good faith is particularly important in the establishment of insurance.The duty of truthful disclosure is based on the principle of utmost good faith.In order to ensure the interests of both the applicant and the insurer,and to ensure the true expression of their will,the applicant shall truthfully inform the true situation of the subject matter of the insurance.In view of the fact that there are some disputes in both theoretical research and judicial practice,this paper uses empirical research,case analysis,comparative analysis and other research methods to make a systematic analysis of the disputes on the right of insurance rescission and cancellation,important facts,general clauses and incontestable clauses in the obligation of truthful disclosure.At the same time,it also analyzes and demonstrates the legal consequences of not fulfilling the obligation of truthful disclosure,so as to get the author’s point of view.Through consulting and analyzing the current insurance disputes,most of the problems come from the ignorance or non performance of the insured’s obligation of truthful disclosure.It can be said that the study of the insured’s obligation of truthful disclosure in the insurance law is of great significance to promote the healthy development of the insurance industry and the protection of insurance consumers.The amendment to the obligation of truthful disclosure in China’s insurance law was passed at the 7th Meeting of the Standing Committee of the 11 th National Congress of the People’s Republic of China on February 28,2009.With the rapid development of the insurance industry and the increasing demand of consumers for insurance products,how to make the obligation of truthful disclosure of the policyholder better serve the development of the insurance industry,It is worth studying.This paper mainly through comparative analysis,based on the basic principles of the insurance law,through case analysis,combined with the relevant system provisions of the United States,Germany,Japan and Taiwan region of China on the obligation of truthful disclosure of the insured,puts forward some suggestions for perfection,so that the obligation of truthful disclosure can be better applied in judicial practice.