Research On Information Obligation Of Group Insurance Contracting

Group insurance is a special way of underwriting for all members of a group with a master policy.It originated from the end of the 19 th century and the beginning of the 20 th century,and is an important way for insurance companies to intervene in employee welfare plans.With the changing social economy and the rapid development of insurance industry,the types of group insurance have become more and more diversified.Compared with individual insurance,group insurance takes the group as the applicant,the insured is all members of the group,the number is large and has certain instability,the premium is relatively low,usually does not need to carry out physical examination for the insured.In recent years,the number of civil disputes about group insurance has been increasing,and most of the causes of action are related to the obligation of disclosure and explanation of group insurance,and the judicial decisions in different regions are not unified.The main reason for this phenomenon is that the current Insurance Law of China and its relevant judicial interpretation do not make special provisions on group insurance,and there is no unified understanding in theory.In addition,the notice on issues related to promoting the healthy development of group insurance issued by the former CIRC in 2015 is the exclusive normative document on group insurance at present.However,the notice has a lower level and tends to the public law supervision of group insurance,and does not involve the obligation of disclosure and the obligation of explanation.As a result,the judgment of its contracting information obligation still follows the general provisions of the insurance law.Based on this,this paper focuses on the subject and content of the information obligation of group insurance contract contracting,including the subject and content of the obligation to inform,the object and content of the obligation to explain.After clarifying the above issues,this paper puts forward suggestions for improving the information obligation of group insurance contracting.In addition to the introduction and conclusion,the full text is divided into four chapters.The first chapter is the basic theory of group insurance contracting information obligation.Specifically,starting with the concept of group insurance,this paper briefly summarizes the subject and content of group insurance contract,and further determines the legal status of the insured in group insurance.On this basis,it discusses the connotation of the information obligation of contracting,and explains the obligation of truthful disclosure and the obligation of clear explanation.The second section analyzes the legal norms and practical difficulties of the information obligation of group insurance contracting,and leads to the awareness of the core issues of the full text.The second chapter aims to clarify the main scope and content of group insurance disclosure obligation.First of all,it sorts out the group insurance legislation in different countries and regions,and sorts out different academic views.On this basis,closely centering on the particularity of group insurance,this paper discusses the change of dangerous consideration,different underwriting methods,and its own functional characteristics of group insurance,and then expounds the point of this paper,that is,in group insurance,the applicant performs the obligation of truthful disclosure,and the insured does not need to perform the obligation of disclosure.Finally,using the analysis method of theory plus cases,it is proposed that the scope of truthful disclosure of the applicant should be further clarified within the limits of the insurer’s inquiry,important facts,and knowledge or should be known.The third chapter is an overview of the main body and content of the group insurance explanation obligation.First of all,clarify the legislative purpose of obligation and determine its important role in the contracting of insurance contract.Secondly,it analyzes the two views of the academic circles on whether the insured should be included in the scope of the insurer’s obligation of explanation,and then discusses the view of this paper,that is,the insurer should perform the obligation of explanation to the insured in group insurance.Finally,with regard to the content of group insurance explanation,the insurer can only explain to the applicant,and can make a comprehensive evaluation of the insured group,and reduce the degree of explanation appropriately according to the situation;As for the exemption clauses,the applicant shall clearly explain to the insured and the prohibitive provisions stipulated by law.The fourth chapter is the improvement path of group insurance contracting information obligation.Specifically,it puts forward the path choice from four aspects:concept,legislation,practice and supervision.First of all,we can use the experience of the United States for reference to reconstruct the group size and number of people in China’s group insurance,and refine the special rules of the insured as the subject of the obligation of disclosure in small group insurance.Secondly,in order to ensure the healthy development of group insurance in China,it is proposed that group insurance should be modified and improved from the legal rules,and the insured’s qualification should be further restricted.In addition,from a practical perspective,this paper puts forward new methods to optimize group insurance policies,introduce the conference explanation system,and reduce the insurer’s general inquiry.Finally,the paper clarifies the idea of parallel supervision between the external supervision of group insurance and the internal supervision of insurance companies,so as to escort the development of group insurance.