Analysis of Typical Cases of Insurance Disputes

Author: Yang Huabai
Publisher:
Publish Date: 2004-01-01
Features: Since the reform and opening-up, especially after China's accession to the WTO, laws and regulations have become increasingly perfect and profound. The abstract nature of legal norms and the professionalism of legal language have posed significant challenges for the general public and legal professionals in understanding legal content. Particularly in recent years, the rapid promulgation of new laws and related judicial interpretations in China, coupled with the increase in new types of cases, has led to a series of emerging issues in judicial practice, legal research, and daily civil and commercial activities. To facilitate the accurate understanding of the legislative intent behind laws, regulations, and judicial interpretations, and to ensure actions and cases are conducted in accordance with the law, senior judges and professionals from the Supreme People's Court and the State Council Legal Office have meticulously compiled the China Civil and Commercial Law Typical Case Commentaries Series. This series includes: Typical Case Commentaries on Contract Disputes, Typical Case Commentaries on Insurance Disputes, Typical Case Commentaries on Negotiable Instrument Disputes, Typical Case Commentaries on Financial Leasing Cases, and more. Typical Case Commentaries on Insurance Disputes selects recent cases involving new types of property insurance, such as credit insurance, and analyzes them from the perspective of judicial practice. It addresses contentious insurance issues, such as the duty of disclosure of exclusions in insurance contracts, the duty of honest declaration, and the relationship between premium payment and the insurer's liability, based on the Insurance Law, international insurance practices, and fundamental principles of civil and commercial law. The commentaries elaborate on basic insurance principles and provide insights into the direction of insurance judicial practice. The cases selected in this series cover a broad scope, enabling readers to gain a comprehensive and multi-faceted understanding of newly promulgated major civil and commercial laws, related judicial interpretations, and their implementation. This series holds significant guidance value for judicial practice and the economic activities of the public. Law is sacred and belongs to the people. The awakening of public legal awareness signifies the perfection of a nation's legal system construction. The purpose of compiling this series is to help judges, practicing lawyers, and the general public resolve practical legal issues they may encounter in their daily work and lives. Therefore, the format chosen for the series is "Key Points," "Facts," "Claims," "Key Issues," "Judgment Results," and "Commentaries," striving to achieve typicality, conciseness, and clarity.