The new " People's Republic of China Insurance Law" (hereinafter referred to as the new "Insurance
Law" will be put in force on October 1, 2009. Many customers may ask: ¡°what infrequence the new ¡®insurance law¡¯ will
make on me? Will the premium increase? If my previous insurance contract can be
covered by the new laws?¡±
The new "Insurance Law" adds 40 new articles to protect the
interests of insurers in several aspects including - contract, responsibility
exemption, litigation time limitation, etc.
Non-defense rule
The
article 16 of new ¡° Insurance Law¡± state: The right to rescind an insurance
contract as prescribed in the preceding paragraph shall be annulled after the
lapse of 30 days or more from the day when the insurer knows the cause of
rescission. After the lapse of two years or more from the day when an insurance
contract is entered into, the insurer may not rescind the contract; where an
insured incident occurs, the insurer shall be liable for paying indemnity or
insurance money.
Some may say: then I¡¯ll not tell the insurance company my health statues, after
two years the company will pay indemnity to me. In fact, buying insurance is
the fears of the risk, if so do not risky. Anyway, insurance company has
strengthened the risk control in screen and claim processes.
Without warn, the clauses exempting the
insurer from liability shall not be effective
The new ¡°Insurance Law¡± requires, for those clauses exempting the insurer
from liability in the insurance contract, the insurer shall sufficiently warn
the insurance applicant of those clauses in the insurance application form, the
insurance policy or any other insurance certificate, and expressly explain the
contents of those clauses to the insurance applicant in writing or verbally. If
the insurer fails to make a warning or express explanation thereof, those
clauses shall not be effective.
We hereby remind our customer to read the
policy or clauses carefully to prevent misunderstanding. For that, SFLI had
made new ¡°Insurance Reminder¡± and new "Application Form" for better introduction to the customers.
Speedy claim process
The new ¡°Insurance Law¡± requires, if the circumstances are complex, the
insurer shall complete the assessment within 30 days, unless it is otherwise
agreed upon in the insurance contract. If the insurer deems that the relevant
certificates and materials are incomplete according to the contract, it shall
notify, in a timely manner and at one time, the insurance applicant, insurant
or beneficiary of all certificates and materials to be supplemented. Meanwhile,
the new ¡°Insurance Law¡± regulate that after knowing the occurrence of an
insured incident, the insurance applicant, insurant or beneficiary shall notify
the insurer in a timely manner. Where the insurance applicant, insurant or
beneficiary fails to do so intentionally or for gross negligence, which makes
it difficult to determine the nature, cause, degree of damage, etc. of the
insured incident, the insurer shall not be liable for paying the indemnity or
insurance money for the undeterminable part.
Clarify the beneficiary¡¯s right
The new ¡°Insurance Law¡± clear the beneficiary right in following three
aspects: First, Where both the beneficiary and the insurant die in a same
incident, and it is impossible to determine their sequence of death, the
beneficiary shall be presumed to be dead first, the insurance money shall be
deemed as the legacy of the insurant; Second, the entity can not be the
beneficiary when buying insurance for their staff; Third, Where the beneficiary
intentionally causes the death, injury, disability or illness to the insurant
or attempts to murder the insurant, the beneficiary shall lose the beneficiary
right.
Will the premium increase?
Many canards in the market say that the insurance company will increase
the premium due to the new ¡°insurance Law¡±. After seriously consideration, SFLI
decides not to increase the premium, better, we will insurance our service quality.
If my previous insurance contract can be
covered by the new laws?
Supreme People¡¯s Court promulgated the first judicial interpretation for the
new "Insurance Law" state that the insurance contracts established
before the new insurance law, if any insurance transfers, insurance accidents, or
claims occur after the new law, shall follow the new law.