BIZCHINA / Finance

Insurance Law of the People's Republic of China

Updated: 2006-04-18 09:11

Article 18. An insurance contract shall principally include:

(1) Name and address of the Insurer;
(2) Name and address of the Applicant and the Insured, and name and address of the Beneficiary in the case of life insurance;
(3) Subject matter insured;
(4) Insured liabilities and liabilities exempted;
(5) Duration of insurance coverage and the commencement time of insurance liabilities;
(6) Insured value;
(7) Insured amount;
(8) Insurance premium and method of payment;
(9) Methods of insurance compensation or payment;
(10) Liabilities for breach of contract and settlement of dispute;
(11) Execution of contract on ____(month) ____(date) ____(year).

Article 19. Besides the matters of an insurance contract as set forth in the preceding article, the Applicant and the Insurer may agree on other matters in connection with insurance.

Article 20. During the term of the insurance contract, the contents thereof may be altered subject to agreement between the Applicant and the Insurer.

Upon alteration of the insurance contract, the Insurer shall endorse the original policy or other insurance certificates or affix an endorsement thereto, or the Applicant and the Insurer shall sign a written agreement over such alteration.

Article 21. Upon learning the occurrence of an insured event, the Applicant, the Insured or the Beneficiary shall promptly notify the Insurer.

"Insured" shall mean a person whose properties or life is insured by the insurance contract and who is entitled to make a claim for insurance payment. The Applicant may be the Insured;

"Beneficiary" shall mean a person, designated by the Insured or the Applicant in the life insurance contract, who is entitled to make a claim for payment. The Applicant or the Insured may be the Beneficiary.

Article 22. Upon occurrence of an insured event and upon making a claim to the Insurer to make compensation or payment of insurance money in accordance with the insurance contract, the Applicant, the Insured or the Beneficiary shall provide the Insurer with as much evidence and information as possible relevant to the ascertainment of the nature and causes of such event and to the extent of the loss thereby incurred.

If, in accordance with the provisions of the insurance contract, the Insurer finds the relevant evidence and information to be incomplete or insufficient, the Insurer shall notify the Insured or the Beneficiary to provide additional relevant evidence and information.

Article 23. Upon receipt of a claim from the Insured or the Beneficiary for compensation or payment of insurance money, the Insurer shall make prompt verification. Where the claim is an insured liability, the Insurer shall perform its obligation to make compensation or payment within ten days after reaching agreement with the Insured or the Beneficiary concerning insurance compensation or payment amount. Where the insured amount, compensation, and a time limit for payment are defined in the insurance contract, the Insurer shall compensate or make payment in accordance with the stipulations therein.

If the Insurer fails to perform his obligations set forth in the preceding paragraph, he shall indemnify the losses arising therefrom to the Insured or the Beneficiary, in addition to making insurance payment.

No unit or individual shall interfere with the Insurer in performing his obligation of indemnification or payment, nor restrict the right of the Insured or the Beneficiary to obtain insurance money.

Article 24. Upon receipt of a claim from the Insured or the Beneficiary for compensation or payment, if such claim is not covered by its insurance liability, the Insurer shall issue a letter of advice to the Insured or the Beneficiary declaring its refusal to make compensation or payment.

Article 25. If the Insurer is not able to determine the amount of compensation or payment within sixty (60) days after receipt of relevant evidence and information stipulated in Article 25 and Article 27 hereof, he shall first make payment in accordance with a minimum amount determinable based on the available evidence and information; upon eventual determination of the amount of compensation or payment by the Insurer, the insurer shall pay the corresponding outstanding amounts.

Article 26. The right to demand compensation or payment of insurance money from the Insurer by the Insured or Beneficiary of any insurance other than life insurance shall perish if the Insured or the Beneficiary fails to exercise such right within two years after his knowledge of the occurrence of an insured event.

The right to demand payment of insurance money from the Insurer by the Insured or the Beneficiary of life insurance shall perish if the Insured or the Beneficiary fails to exercise such right within five year after his knowledge of the occurrence of an insured event.

Article 27. In the event the Insured or the Beneficiary, where no insured event has occurred, falsely claims that an insured event has occurred and demands compensation or payment of insurance money from the Insurer, the Insurer shall have the right to terminate the insurance contract without refunding the insurance premium.

Where the Applicant, the Insured or the Beneficiary intentionally provokes an insured event, the Insurer shall have the right to terminate the contract, shall not be liable for indemnification or payment of insurance money, and shall not refund the insurance premium unless as otherwise stipulated in Paragraph 1 of Article 64 hereof.

After the occurrence of an insured event, if the Applicant, the Insured or the Beneficiary provides false causes or exaggerate the extent of losses by means of forging or altering relevant certificates, materials or other evidence, the Insurer shall not be liable for compensation or payment of insurance money over the fraudulent portion of such claim.

Where the Applicant, the Insured or the Beneficiary commits any of the actions described in the preceding three paragraphs, resulting in the payment of insurance money or other expenses, they shall make refunds or compensation.


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