Interpretations of the Supreme People's Court on Certain Issues Concerning the Application of the Insurance Law of the People's Republic of China (II)
Interpretations of the Supreme People's Court on Certain Issues Concerning the Application of the Insurance Law of the People's Republic of China (II)
Interpretations of the Supreme People's Court on Certain Issues Concerning the Application of the Insurance Law of the People's Republic of China (II)
Fa Shi [2013] No. 14
May 31, 2013
The Interpretations of the Supreme People's Court on Certain Issues Concerning the Application of the Insurance Law of the People's Republic of China (II) have been adopted at the 1577th meeting of the judicial committee of the Supreme People's Court on May 6, 2013 and are hereby promulgated, which shall come into effect on June 8, 2013.
In order to correctly hear the cases concerning insurance contract disputes and thoroughly maintain the legitimate rights and interests of the parties concerned, pursuant to the provisions of the Insurance Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and regulations and in combination with the judicial practice, the issues concerning application of the Insurance Law in relation to the general provisions of the insurance contract are interpreted as follows:
Article 1 In property insurance, where different policy holders respectively take out insurance on the same insurance subject matter and the insured claim insurance benefits under the insurance contract within the scope of insurance interest of the insured, the people's court shall support such claim.
Article 2 In personal insurance, where the insurance contract is invalid due to the fact that the policy holder has no insurance interest towards the insured and the policy holder claims that the insurer shall return the premiums after deducting corresponding charges, the people's court shall support such claim.
Article 3 Where the policy holder or the agent of policy holder did not sign or seal on the insurance contract in person when concluding such insurance contract, which was signed or sealed by the insurer or the agent of the insurer, then such insurance contract is invalid to the policy holder. However, if the policy holder has paid the premiums, it shall be deemed that the policy holder has confirmed such signature or seal by the insurer.
Where the policy holder signs or seals to confirm the insurance policy that is completed by the insurer or the agent of the insurer on behalf of the policy holder, the completed content shall be deemed as true expression of intention of the policy holder, except there is evidence proving that the insurer or the agent of the insurer is under relevant circumstances as provided in Article 116 and Article 131 of the Insurance Law.
Article 4 Where the insurer has accepted the application form submitted by the insurer and collected the premiums but have not made expression of mind on whether to underwrite the insurance or not, and the insured or the beneficiary requests the insurer to assume the compensation liability or the liability for payment of insurance money in accordance with the insurance contract upon any insurance accident, which meets the conditions for underwriting, the people's court shall support such request; where such request does not meet the conditions for underwriting, the insurer shall not assume the insurance liability, but shall return all the collected premiums.
The insurer shall bear the burden of proof if the insurer claims that such request does not meet the conditions for underwriting.
Article 5 The situation of the object of insurance or the insured known by the insurer when concluding the insurance contract shall be the content of the policy holder "that shall truthfully inform" the policy holder, as provided in Paragraph 1, Article 16 of the Insurance Law.
Article 6 The obligation to disclose of the policy holder shall be limited to the scope and content of inquiry of the insurer.
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Fa Shi [2013] No. 14
May 31, 2013
The Interpretations of the Supreme People's Court on Certain Issues Concerning the Application of the Insurance Law of the People's Republic of China (II) have been adopted at the 1577th meeting of the judicial committee of the Supreme People's Court on May 6, 2013 and are hereby promulgated, which shall come into effect on June 8, 2013.
In order to correctly hear the cases concerning insurance contract disputes and thoroughly maintain the legitimate rights and interests of the parties concerned, pursuant to the provisions of the Insurance Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and regulations and in combination with the judicial practice, the issues concerning application of the Insurance Law in relation to the general provisions of the insurance contract are interpreted as follows:
Article 1 In property insurance, where different policy holders respectively take out insurance on the same insurance subject matter and the insured claim insurance benefits under the insurance contract within the scope of insurance interest of the insured, the people's court shall support such claim.
Article 2 In personal insurance, where the insurance contract is invalid due to the fact that the policy holder has no insurance interest towards the insured and the policy holder claims that the insurer shall return the premiums after deducting corresponding charges, the people's court shall support such claim.
Article 3 Where the policy holder or the agent of policy holder did not sign or seal on the insurance contract in person when concluding such insurance contract, which was signed or sealed by the insurer or the agent of the insurer, then such insurance contract is invalid to the policy holder. However, if the policy holder has paid the premiums, it shall be deemed that the policy holder has confirmed such signature or seal by the insurer.
Where the policy holder signs or seals to confirm the insurance policy that is completed by the insurer or the agent of the insurer on behalf of the policy holder, the completed content shall be deemed as true expression of intention of the policy holder, except there is evidence proving that the insurer or the agent of the insurer is under relevant circumstances as provided in Article 116 and Article 131 of the Insurance Law.
Article 4 Where the insurer has accepted the application form submitted by the insurer and collected the premiums but have not made expression of mind on whether to underwrite the insurance or not, and the insured or the beneficiary requests the insurer to assume the compensation liability or the liability for payment of insurance money in accordance with the insurance contract upon any insurance accident, which meets the conditions for underwriting, the people's court shall support such request; where such request does not meet the conditions for underwriting, the insurer shall not assume the insurance liability, but shall return all the collected premiums.
The insurer shall bear the burden of proof if the insurer claims that such request does not meet the conditions for underwriting.
Article 5 The situation of the object of insurance or the insured known by the insurer when concluding the insurance contract shall be the content of the policy holder "that shall truthfully inform" the policy holder, as provided in Paragraph 1, Article 16 of the Insurance Law.
Article 6 The obligation to disclose of the policy holder shall be limited to the scope and content of inquiry of the insurer.
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