The new law amendments will benefit the consumer? - Understanding the new &quot;Insurance Law&quot; The new law amendments will benefit the consumers? ?- Understanding the new &quot;Insurance Law&quot; Editorial ☆ Law Court order Editor&#39;s Note: February 28, 2009, the seventh meeting of the Eleventh National People&#39;s Congress passed the &quot;Insurance Law of the PRC,&quot; the draft amendment, the first Basic Law and Insurance June 30, 1995 promulgated the same year in October 1, the formal implementation of that so far, &quot;The People&#39;s Republic of China Insurance Law&quot; to complete the second amendment. He compared the 2002 edition of Insurance Law, the revised insurance law new 29. The revised insurance law from October 1, 2009 shall come into force, the new insurance law changes and the emergence of what specific adjustments, the outstanding highlight of that? ? ? ?Legal Description Seventh Meeting of the Eleventh National People&#39;s Congress adopted 28 amendments to a vote of &quot;The People&#39;s Republic of China Insurance Law,&quot; President Hu Jintao signed Presidential Decree No. 11 be published. The revised insurance law is divided into eight chapters 187, respectively, General Provisions, insurance contracts, insurance companies, insurance management rules, insurance agents and insurance brokers, insurance supervision and management, legal liability and supplementary provisions. From the modify the results, the original amendments were &quot;Insurance Law&quot; in the 33 provisions of the two of them merged into one, add an additional six provisions to enable the &quot;Insurance Law&quot; from the original 152 to 158 . To sum up, this changes mainly focused on the following aspects: First, modify the terms of insurance rates for the management of the relevant provisions of the abolition of rates by the regulatory provisions of the provisions of the development; II expanded the scope of business property insurance company , the short-term health insurance and accident insurance as production, life insurance companies all OK business of insurance; 3, highlighting the relevant solvency supervision conditions, authorized to take specific measures for the formulation of relevant Jigou; 4, revised and improved, particularly the insurance intermediary agent behavior is an insurance agent with the relevant provisions; 5, the prohibition on the use of insurance funds, duly amended provisions; 6, an article on the insurance regulators of the insurance companies deposit the check in the right of financial institutions; 7, modify the penalty in part, increased the penalties for insurance violations, strengthening the NHL. 8, eliminated the statutory reinsurance. The establishment of an insurance contract &quot;is not a defense&quot; clause, to fill the existing gaps in insurance law. ? Highlights Click → One bright spot: exclusions are no longer easy ? Case: Ryu, 2003, suffering from emphysema and can not properly work, so do the Bingtui procedures. In 2005, the insurance salesman visits the exhibition industry, Ryu learned that the contents of the insurance, they asked for their simple life insurance cover, insurance amount of 50,000 yuan. Paul from the date of May 14, 2005, Ryu also asked about the health bar filled out the &quot;health&quot; word. Since then, Ryu had to pay premiums on time. In 2008, Ryu, son to bring the insured person&#39;s death certificate, report to the insurance company to register and fill out a dangerous condition notice requiring the death benefit. Insurance investigation revealed that Ryu with severe emphysema before buying insurance, which is obviously incompatible with the simple physical risk of the insurance conditions: good health, and normal work and normal work, that is consistent with perfect attendance who work and working conditions. Insurance company saying Liu in the &quot;health&quot; section of intentionally concealing facts, not to perform the obligations, although the insured has more than two years, but can not consider compensation. ? The new regulation: the addition of the new insurance law is not defense rules the date of establishment of the contract more than two years, the insurer shall not terminate the contract, that is, two years after the establishment of insurance contracts, insurance companies, then the insured may not fails to perform the terminate the contract obligations. ? Analysis: In recent years, some domestic insurance companies formed a kind of &quot;hidden rules&quot;: the insurer collected premiums without careful examination of the insured informed of the facts, then make every effort to rigorous review when the dangerous condition of non-policyholders are informed of the facts found there Vulnerability is not. Some people even knowing that the insurance policy holders do not really tell, do not stop. This way, if you do not escape from danger, to get all insurance; if escape from danger, Zeyi not accurately inform the ground, do not pay insurance, refundable premium. This kind of thing many, many people come to insurance companies &quot;are liars&quot; conclusion. This situation has profound legal source. It turned out that China&#39;s current insurance law and insurance companies use insurance policy, the insurers have yet to make clear that this approach, which has left loopholes in the law is not conducive to policy holders. The most striking feature of the revised concept of &quot;incontestable clause&quot;: the insurance contract after the effective date from a period of time (usually two years), they become non-controversial document, the insurer is not able to enter into insurance, the insured contract, breach of the principle of good faith, the grounds of failure to fulfill the obligations of the contract null and void and refused to claim compensation insurance. Of course, if the insured is to start insurance fraud or a malicious lie the age of the insured, the insurance company can still be exclusions. ? Highlights 2: expanding the scope of the insurance interests of the subject ? Case: In 2006, a unit of Ningbo, the Chinese people for their employees insured property insurance company property insurance as a benefit of families. After the Zhang home fire employees, property damage part of it, he found the insurance company for compensation. However, the insurance company has to &quot;the unit with the Zhang family property not covered by insurance interests&quot; grounds exclusions. ? New rules: According to the new insurance law, &quot;the insured or the insured on the insurance provisions of the subject should have insurable interest&quot; in the case should be PICC Zhang&#39;s claims. ? Analysis: Now a lot of units to the welfare of workers in the form of insurance for the family property insurance, insurance money from the unit as a policyholder, the insured employees as to enjoy insurance coverage. As we all know, the unit for employees of private property generally no insurance benefits at all. But the current insurance law: the insured and the insurance should have insurable interest in the subject, so if judged strictly in accordance with this provision, the type of insurance contract null and void. And the general legal principle, this insurance behavior is the true meaning of the parties that did not violate anyone&#39;s legitimate rights and interests (in dividing, transferring state-owned assets, except for the purpose), should be legally supported. This has resulted in the law is inconsistent with the real life. The new Insurance Law on &quot;the insured or the insured should be the subject of insurance has an insurable interest&quot; requirement, compared with the current insurance law, must have an insurable interest in the main by a single extended to the insured or the insured the insurer. This amendment conforms to the reality of China&#39;s insurance industry needs. Social life, there is a lot of gift-type insurance, group insurance premiums paid on behalf of insurance and Shopping Service and other acts, will bid farewell to a reasonable illegal or embarrassing situations. Highlights 3: I do not know is no longer a problem Terms ? Case: In 2008, a freight company to a car accident occurred on the highway. Determined by the traffic police, the driver of the company take full responsibility, loss of 34,500 yuan. As early as the shipping company&#39;s vehicles, an insurance company for all insured motor vehicle insurance, so their compensation after the first cargo company to apply to the insurance company claims. Insurance companies after an investigation that the driver of the company or practice in the time of the incident the driver. Insurance regulations in black and white terms, practice drivers do not pay insurance losses resulting Moreover, traffic laws are clear that a driver of less than 1 year shall not drive on high-speed driver. Therefore, the insurance company decided to make exclusions. But the shipping company, said insurance companies have this exemption clause did not inform the prosecution to the court. ? New rules: The new Insurance Law Article XVII, to make the insurance contract, using the format provided by the insurance provisions, the insurance coverage provided to the insured should be attached to form a single clause, the insurer shall explain to the insured contents of the contract. Waive the insurance contract the insurer from liability, the insurer in the conclusion of the contract should cover one, insurance or other insurance documents to make enough to cause the insured&#39;s prompt attention, and the content of the articles written or oral form made clear that the insured; not be prompted or clearly, the terms are not effective. ? Analysis: Description of obligations of the insurer, is the principle of good faith in the insurance contract the embodiment of the process. Insurers relative to the insured, the more familiar with insurance, therefore, have to explain insurance terms insured obligations.由于 terms of insurance contracts and more to the format, the customer does not read, some insurance products, insurance agents hostile propaganda in the good side, but will exempt Tiaokuan for granted, Guo, mislead many policyholders, Hou dangerous condition of many disputes arise. The new insurance law requires insurers to carry out all instructions of the contract shall be the obligation to provide insurance policyholders should be attached to form a single clause, the insurer on the insurance contract terms should be exempted from its responsibility to make prompt. Highlights IV: After the Diuche transfer, insurance companies pay according to ? Case study: a joint venture in Shenyang hotel a Audi car, has been used Central Fangjing Li Lee. Lee daily work and are using the car to work at night will be stored in their own car downstairs. The vehicle insurance, is responsible for processing by the hotel. June 29, 2007, the hotel in the Huatai Insurance Company of Liaoning Province branch to handle the entire vehicle Daoqiang Xian vehicle, compensation of 5 million, the insurance period of one year. August 2007, the hotel leaders decided to go to Lee by the company under the name of the car, and go through the vehicle transfer procedure, before their insurance companies to provide insurance marking procedures. The evening of 7 December 2007, Lee will remain in their own car downstairs, but up the next morning, he discovered no more. Police through the investigation, confirmed that the car stolen. Lee claims to insurance companies, but was refused on the grounds that: the terms of the motor vehicle business insurance insured motor vehicle transferred to another person, not marking procedures apply to the insurer, the insurer liable for compensation. ? New rules: The new insurance law provisions of Article, the subject of transfer of the insurance, the insured or the assignee shall promptly notify the insurer, the insurance company within 30 days of receiving the notice, you can increase the premium in accordance with the contract or terminate the contract. At the same time, the subject of insurance companies because the insurance risk transfer led to a significant increase in the termination of the contract, &quot;shall have the premiums collected, according to deduct from the contract starting date of the insurance liability the date of termination of the contract due to the part of returned to the insured. &quot; ? Analysis: For property insurance, the existence of a larger controversial issue is the duration of the property insurance contract, if the insurance object of sale, donation, etc. are assigned, the transfer occurred after the insured, the insurance company does not pay compensation? Before transfer of the subject matter insured to the insurance companies also need to be reported,. The new insurance law&#39;s requirements, to avoid the operation may dispute some of the problem, insurance companies and investment 但 是 in the end did not detail how the provisions of the People&#39;s Insurance is a kind of protection. Highlights V: claim no &quot;tug of war&quot; ? Case: in August 2006, Lee had to a certain insurance companies as being in my life a life insurer, death, disability insurance premiums are high 50,000 yuan. June 2007, the insured Lee unfortunate accident, after she died. October 2007, the beneficiary for claims. Accident insurance to the insurance situation complex and require extensive ground survey work, report the beneficiary after 3 months time, not to pay insurance, there is no decision to make exclusions. Beneficiaries will then sue the insurance company to court, asked the court to the insurance company paid 50,000 yuan in claims. The court found that Lee and the insurance company insured the insurance contract signed by the legitimate and effective. After receiving applications for insurance claims, up to 3 months at the time neither claim nor exclusions. May 2008, court decisions limited the insurance company to make Underwriting decision within 15 days. ? New rules: The new insurance law provisions of Article 3, the insurance after the accident, the insured person or beneficiary claim, the insurance companies that need to pay up if the relevant evidence or information, shall promptly notify the other party once; material after complete , insurance companies should be timely approved, the situation is complex, and should be approved within 30 days, and the other party written notice of the verification results; on the part of the insurance, insurance companies Peifu agreement was reached to pay compensation within 10 days; do not belong to the insurance liability , it shall be made within 3 days from the date of approval issued a notice of exclusions and the reasons. ? Analysis: &quot;insurance claims easier to hard&quot; is the concentrated reflection of the problems customers. Relevant official said the insurance company, insurance company before the various requirements in respect of claims rather ambiguous, there is no specific time limit. The new insurance Fa Qiaqia in this regard a clear specification. Also, have a &quot;claims is difficult,&quot; saying there are too many reasons, some customers taking out insurance and 没有 closer look Hetong, just listen to Dai Liren&#39;s introduction, while others blindly Kuadabaozhang Fan Wei agents, which have the potential claims Weiyi Hou pose difficulties. ? In addition, the revised insurance law, insurance companies waive liability for the &quot;Disclaimer&quot; and emphasized that insurance companies in the insurance certificate should be made &quot;enough to cause the insured pay attention to&quot; prompt, and the contents of the article or in writing to the insured orally. ? Highlights 6: Claims &quot;vacuum&quot; to be deflated ? Case: September 3, 2005 -2007 on September 3, Wang Meng students for 3 years bought a time and learn the risks of insurance companies. His 2006 October 15 escape from danger, due to meet and learn the scope of insurance claims, won the claim. September 3, 2008, Wang Meng&#39;s mother, his school into a B level risk insurance. Waiting to take the policy of the next day, Wang Meng because of accidents at school, in the hospital. Although the situation he is and learn the scope of insurance claims, but the B insurance companies to &quot;policy came into effect,&quot; rejected claims. New rules: The new Insurance Act provides: &quot;insurance contracts established by law, take effect from the establishment.&quot; Taking into account the premium paid and the policy came into effect the necessary nuclear security between the need to link the new insurance law also provides that: &quot;the insured and the insurer can the effect of the contract agreed to conditions or deadlines. &quot; ? Analysis: In real life, people buy life insurance, general insurance underwriting to go through link, fill out the policy and the insured pay the first premium, after a period of time to wait for the insurance company agree to underwriting decision. During this waiting period, the insurance policy holders in case of accident compensation insurance companies do not pay it? Policyholders think they have the down payment premiums, insurance companies should pay; and insurance companies that should not be lost. Many of these claims disputes. For the new insurance law relating to &quot;set up time and the effectiveness of the insurance contract&quot; in the new regulations, China&#39;s insurance industry associations in the standard terms, the life insurance companies to encourage the introduction of &quot;temporary contracts&quot; that special rules, insurance companies, according to the actual situation, the insured agreed to pay the first premium until the insured, or the issue of exclusions and return the premiums paid during the notice, to provide temporary protection for consumers. &quot;To provide temporary protection&quot; approach to foreign insurance law is a special approach. For example, in the United States, insurance companies usually wait for approval by the insurer during the contract, to provide a temporary insurance contract, to protect the interests of the insured and beneficiaries. ? ? ?PS: the latest laws and regulations promulgated * The People&#39;s Republic of China diplomatic personnel law (Presidential Decree No. XIX) * The People&#39;s Republic of China People&#39;s Armed Police Law (Presidential Decree No. XVII) * PRC Statistics Law (Presidential Decree No. XV) * Express licensing business management practices (Order of the Minister of Transportation No. 12 of 2009) (2009-11-23) * The provisions of the administrative review of Land and Resources (MLR Order No. 46) (2009-11-20) * Play sound recordings, radio stations paid Provisional Measures (State Council Decree No. 566) * Trademark Management Regulations (Commerce and Industry Office Order No. 46) (2009-11-13) * Government Regulations on Staff Officer (State Council Decree No. 565) (2009-11-09) ?