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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