A Prospective and Retrospective Study on the Disclosure Responsibilities of Policyholders in Consumer Insurance Contracts.

• Main Authors: Yi-Chen,Lee, 李怡真
• Other Authors: Tsung-Jung Liu
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/48376r

碩士 === 東吳大學 === 法律學系 === 104 === Insurance Law Article 64 about the duty of disclosure was amended on Feb. 4th ,2015.It is more than 20 years from last amendment. This amendment mainly deleted the subjective element of the duty of disclosure. The proposal mainly based on the protection of insurance consumers, but the censor committee decided to remove all subjective element. However, it did not solve the relevant dispute during the past 20 years, and it is more doubtful on applicable. This paper will research advanced legislative countries about the duty of disclosure in the beginning . German Insurance Contract Act in 2008 (hereinafter referred to as the Germany new act) is from the principle of good faith toward the limited corresponding adjustment principle gradually and supplemented by the spirit of protecting the good-will insurance consumers. Consumer insurance act in 2012(hereinafter referred to as the United Kingdom new act) is separated from Marine Insurance Act in United Kingdom. The content is to overthrow the principle of utmost good faith-based concept, and instead of the protection of good-will insurance consumers to make law. Separated from chapter of insurance in Commercial Law, Japan make another Insurance Act independently on May,30,2008.The amendment of Japan remains a wholly full pay or not pay principle. It is different from the Germany new act and United Kingdom new act. The main reason is that the Japanese legislators considerd that the corresponding adjustment principle is too complicated, and it is not easy to understand for the policyholders. This amendment is to increase the clause of obstruction of disclosure duty, it can be said to be more emphasis on the protection of the rights and interest of good-will insurance consumers . Firstly ,this paper is going to research the subject of the duty of disclosure. For example ,does the insured have the duty to disclose? Does the insurance solicitor of insurer, a specially engaged physical examination doctor,the insurance agent,or the banks engaging in insurance business have the authority to accept the disclosure matters? Secondly, how to determine the range of the duty of disclosure and the definition of important matters? Thirdly, this paper will also research the relevant issues that the explanation of the subjective and objective elements, the effect for breach of the duty of disclosure ,the defense of causation and the two years statute of limitation. I hope that can find out the appropriate way of legislation to resolve the dispute of the duty of disclosure in Insurance Law from the history of lawmaking, scholar theories , judicial opinions in our country,and even from advanced foreign act.