The new law amendments will benefit the consumer - Understanding the new _amp;quot;Insurance Law_amp;quot;

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					The new law amendments will benefit the consumer? - Understanding the new
"Insurance Law"
The new law amendments will benefit the consumers?
         ?- Understanding the new "Insurance Law"
                              Editorial ☆ Law Court order
Editor's Note: February 28, 2009, the seventh meeting of the Eleventh
National People's Congress passed the "Insurance Law of the
PRC," 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, "The People's Republic of China Insurance Law"
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's Congress adopted 28
amendments to a vote of "The People's Republic of China
Insurance Law," 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 "Insurance Law" in the 33 provisions of the
two of them merged into one, add an additional six provisions to enable the
"Insurance Law" 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 "is not a
defense" 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 "health"
word. Since then, Ryu had to pay premiums on time. In 2008, Ryu, son to bring the
insured person'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 "health" 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
"hidden rules": 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 "are liars" conclusion. This situation has
profound legal source. It turned out that China'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 "incontestable
clause": 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
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 "the
unit with the Zhang family property not covered by insurance interests"
grounds exclusions.
New rules: According to the new insurance law, "the insured or the insured
on the insurance provisions of the subject should have insurable interest"
in the case should be PICC Zhang'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'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 "the insured or the insured should be the
subject of insurance has an insurable interest" 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'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'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'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
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, "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.
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'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's Insurance is a kind of protection.
Highlights V: claim no "tug of war"
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: "insurance claims easier to hard" 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 "claims is difficult," saying
there are too many reasons, some customers taking out insurance and 没有 closer
look Hetong, just listen to Dai Liren's introduction, while others blindly
Kuadabaozhang Fan Wei agents, which have the potential claims Weiyi Hou pose
In addition, the revised insurance law, insurance companies waive liability for the
"Disclaimer" and emphasized that insurance companies in the
insurance certificate should be made "enough to cause the insured pay
attention to" prompt, and the contents of the article or in writing to the
insured orally.
Highlights 6: Claims "vacuum" 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'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 "policy came into
effect," rejected claims.
New rules: The new Insurance Act provides: "insurance contracts
established by law, take effect from the establishment." 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:
"the insured and the insurer can the effect of the contract agreed to
conditions or deadlines. "
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 "set up time and the effectiveness of
the insurance contract" in the new regulations, China's
insurance industry associations in the standard terms, the life insurance companies to
encourage the introduction of "temporary contracts" 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.
"To provide temporary protection" 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's Republic of China diplomatic personnel law (Presidential
Decree No. XIX)
* The People's Republic of China People'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)
* Government Regulations on Staff Officer (State Council Decree No. 565)