Can anyone provide an explanation of the provisions of the new insurance law?

Legal Analysis: This article is about the obligation to inform truthfully. For the first time, a "non-defence" clause was included, with a defence period of two years.

The specific content is as follows: if the policyholder does not truthfully perform the obligation to inform, and the consequences are sufficient to affect the insurer's decision on whether to agree to underwrite or increase the insurance rate, the insurance company shall not terminate the contract on this basis if it does not exercise it for more than 30 days from the date on which the insurer knows that there is a reason for termination, or if it does not exercise it for more than 30 days or more than 2 years from the date of the establishment of the insurance contract, the insurance company shall not terminate the contract on this basis, and the insurer cannot refuse to bear the liability for compensation or payment of the insured accident. Second, it is clarified that the fault of the policyholder is "intentional or gross negligence".

That is, if the insurer fails to truthfully inform due to ordinary negligence or slight negligence, the insurer shall not terminate the contract. The obligation to tell the truth in the Insurance Law is a concrete embodiment of the principle of good faith in the Insurance Law.

Legal basis: Insurance Law of the People's Republic of China Article 16 If the insurer makes inquiries about the subject matter of the insurance or the relevant circumstances of the insured when concluding an insurance contract, the policyholder shall truthfully inform the insurer.

If the policyholder intentionally or due to gross negligence fails to perform the obligation of truthful notification as provided for in the preceding paragraph, which is sufficient to influence the insurer's decision on whether to agree to underwrite or increase the insurance rate, the insurer has the right to terminate the contract.

The right to terminate the contract provided for in the preceding paragraph shall be extinguished if it is not exercised within 30 days from the date on which the insurer becomes aware of the reason for termination. If more than two years have elapsed since the date of the conclusion of the contract, the insurer shall not terminate the contract; In the event of an insured event, the insurer shall be liable for compensation or payment of insurance money.

If the policyholder deliberately fails to perform the obligation to truthfully inform, the insurer shall not be liable for compensation or payment of insurance money for the insured accident that occurred before the termination of the contract, and shall not refund the insurance premium.

If the insured fails to perform the obligation of truthful notification due to gross negligence, which has a serious impact on the occurrence of the insured accident, the insurer shall not be liable for compensation or payment of insurance money for the insured accident that occurred before the termination of the contract, but shall refund the insurance premium.

An insured accident refers to an accident within the scope of insurance liability as agreed in the insurance contract.

1.It was adopted at the 1473rd meeting of the Adjudication Committee of the Supreme People's Court on September 14, 2009, and came into force on October 1, 2009; 2.In order to correctly adjudicate cases of insurance contract disputes and effectively safeguard the legitimate rights and interests of the parties, the Supreme People's Court has made provisions on the relevant issues concerning the application of the Insurance Law of the People's Republic of China by the people's courts; 3.

It mainly includes 6 contents.

Legal Analysis: The Supreme People's Court's Interpretation (I) on Issues Concerning the Application of the Insurance Law of the People's Republic of China was passed by the 1473rd meeting of the Adjudication Committee of the Supreme People's Court on September 14, 2009, and is hereby promulgated to take effect on October 1, 2009. In order to correctly hear cases of insurance contract disputes, and to truly protect the lawful rights and interests of the parties, it is hereby applied to the people's courts.

Legal basis: Insurance Law of the People's Republic of China

Article 1 The provisions of the Insurance Law shall apply to disputes arising from insurance contracts established after the implementation of the Insurance Law. Except as otherwise provided in this Interpretation, if there are no provisions in the law at the time of application of the laws at the time of application of the insurance law, the relevant provisions of the Insurance Law shall be applied by reference.

The law at the time of the conclusion of the contract shall apply to determine whether the insurance contract is established.

Article 2 The provisions of the Insurance Law shall apply to the insurance contracts established before the implementation of the Insurance Law, which shall be deemed invalid by the law at that time and the provisions of the Insurance Law shall apply to the guidelines that are deemed valid.

Legal Analysis: In order to correctly adjudicate insurance contract dispute cases and effectively protect the legitimate rights and interests of the parties, in accordance with 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 legal provisions, combined with trial practice, the relevant legal application issues of the insurance law on the life insurance part of the insurance contract chapter are explained.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Insurance Law of the People's Republic of China (III) Article 1 When the parties enter into a contract with death as a condition for the payment of insurance benefits, according to the provisions of Article 34 of the Insurance Law, "the insured agrees and agrees to the amount of insurance premium" in written, oral or other forms; It may be made at the time of the conclusion of the contract or retrospectively recognized after the conclusion of the contract.

Legal Analysis: This Law is enacted in order to regulate insurance activities, protect the legitimate rights and interests of the parties involved in insurance activities, strengthen the supervision and management of the insurance industry, safeguard the social and economic order and social public interests, and promote the healthy development of the insurance industry.

Legal basis: Insurance Law of the People's Republic of China

Article 1 This Law is enacted for the purpose of regulating insurance activities, protecting the legitimate rights and interests of the parties involved in insurance activities, strengthening the supervision and management of the insurance industry, safeguarding social and economic order and social public interests, and promoting the healthy development of the insurance industry.

Article 2 The term "insurance" as used in this Law refers to the commercial insurance behavior in which the insured pays insurance premiums to the insurer in accordance with the contract, and the insurer bears the responsibility for compensating for the property losses caused by the occurrence of accidents that may occur as agreed in the contract, or bears the responsibility for paying insurance money when the insured dies, is disabled, becomes ill, or reaches the age and time limit agreed in the contract.

Article 3 This Law shall apply to insurance activities within the territory of the People's Republic of China.

Supplementary Provisions of the New Insurance Act

Article 182 An insurance company shall join an insurance industry association. Insurers, insurance brokers, and insurance adjusters can join insurance industry associations.

The Insurance Industry Association is a self-regulatory organization of the insurance industry and a social group legal person.

Article 183 This Law shall apply to the commercial insurance business operated by lawfully established insurance organizations other than insurance companies.

Article 184 The relevant provisions of the Maritime Law of the People's Republic of China shall apply to marine insurance; Where the "Maritime Law of the People's Republic of China" does not provide for it, the relevant provisions of this Law shall apply.

Article 185 The provisions of this Law shall apply to Sino-foreign joint venture insurance companies, wholly foreign-owned insurance companies and branches of foreign insurance companies; Where laws and administrative regulations provide otherwise, apply those provisions.

Article 186: The State supports the development of insurance undertakings that serve agricultural production. Agricultural insurance shall be determined separately by laws and administrative regulations.

Where laws and administrative regulations provide otherwise for compulsory insurance, those provisions shall apply.

Article 187: This Law takes effect on October 1, 2009.

Legal analysis: If standard clauses are used to conclude a contract, the party providing the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to draw the attention of the other party to the clauses exempting or limiting its liability, and explain the clauses in accordance with the requirements of the other party. A standard clause is a clause that is pre-drafted by the parties for reuse and not negotiated with the other party at the time of entering into a contract.

The provisions of this article provide a basic legal basis for the conclusion of a standard contract, but there are no clear provisions on the scope, method and extent of reminders and explanations, especially the legal consequences of failing to fulfill the obligation of reminders and explanations.

Legal basis: Civil Code of the People's Republic of China

Article 465:Contracts established in accordance with law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 466: Where the parties have a dispute over the understanding of the terms of the contract for the cancellation of the file code, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.

Where the text of the contract is concluded in two or more languages and it is agreed that it has the same effect, it is presumed that the words and lines used in each text have the same meaning. Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principle of good faith of the contract.

Article 467:For contracts that are not expressly provided for in this Part or other laws, the provisions of the General Provisions of this Part shall apply, and the provisions of the most similar contracts in this Part or other laws may be applied by reference.

The laws of the People's Republic of China shall apply to Sino-foreign joint venture contracts, Sino-foreign cooperative joint venture contracts, and Sino-foreign cooperative exploration and development contracts for natural resources performed within the territory of the People's Republic of China.