A Case Study On The Duty Of Good Faith In Internet Life Insurance

Internet life insurance,as a new type of life insurance based on Internet technology,is a new type of life insurance formed by the continuous development of science and technology,the financial field and the practical application of "Internet +".Although the birth time is short,but in two years time,silver circ has introduced three laws and regulations on Internet insurance,personal insurance for Internet regulation,but from a big silver circ regulation,also it is not difficult to find that the Internet does exist,such as the personal insurance market market chaos and disorderly competition,infringes upon the lawful rights and interests,such as consumer chaos.As can be seen from the effective judgment documents of Internet personal insurance,when people’s courts deal with this type of insurance contract dispute cases,there are some problems,such as unclear judgment rules,inconsistent determination of legal relationship and unreasonable determination of the subject liability of all parties.Clarifying the obligation of Internet life insurer for disclaimer clauses is conducive to clarifying the identification of disclaimer clauses in Internet life insurance interface.The determination of the nature of the disclaimer clauses in the insurance interface should be based on whether there is a clear enough mark in the Internet life insurance interface to prompt the disclaimer clauses and whether the disclaimer clauses are only one of the procedures of Internet life insurance.General terms often become an important means for the policyholder to evade the claim liability due to their vague content.Clarifying the obligation of the policyholder to truthfully inform the general terms in the Internet life insurance contract can effectively avoid the risk of the insurer’s claim rejection.The distribution of burden of proof in Internet personal insurance litigation is also an important focus of controversy in Internet personal insurance cases.The positive impact of burden of proof inversion on the policyholder is self-evident,but whether the adoption of burden of proof inversion will affect the fairness principle needs to be analyzed according to specific cases.It is worth noting that Internet life insurance relies on the Internet platform,so while benefiting from scientific and technological progress,it is bound to be limited by technical barriers.