Analysis on the phenomenon of the insurer 's abuse of the right to terminate and coping strategies

Abstract

As an important prerequisite for the formulation and entry into force of insurance contracts, the principle of utmost good faith is a compulsory principle that both parties should abide by. Among them, the obligation to inform is the basic obligation of the insurer to evaluate whether the subject matter of insurance is insurable and whether the policyholder chooses to sign the contract. However, in recent years, legal litigation cases caused by the insured 's obligation to inform against the principle of utmost good faith have been common. Even if the moral hazard cases of the insured 's deliberate fraud are excluded, the number of legal disputes caused by negligence should not be underestimated. Based on the analysis of the typical cases, it is undeniable that there is a " double victim "[1] phenomenon that the insurer exercises the right of rescission due to the unclear provisions of the relevant documents. Therefore, this paper hopes to summarize some incomplete explanatory loopholes in legal documents from many cases, and put forward some suggestions for improving the above loopholes and judgment methods in combination with most cases [2], so as to provide reference opinions for reducing relevant litigation cases.