Chinese Insurance Contracts

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Chinese Insurance Contracts: Law and Practice was the first systematic text written in English, offering a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. This second edition has been thoroughly revised and updated to reflect the many developments since its original publication.

Chinese Insurance Contracts: Law and Practice was the first systematic text written in English, offering a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. Thoroughly revised and updated to reflect the many developments within both professional and research environments since its original publication, this second edition also features two new chapters for understanding the law relating to insurance intermediaries and the mechanisms of insurance dispute resolution. The book provides a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined, and it presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice are identified and analysed; suggestions and recommendations on how to reform the law are presented. Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. Pertinent cases are used to illustrate the difficulties which can arise in applying the principles in practice. This book is essential reading for insurance companies and legal practitioners looking to do business in China, as well as a vital reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.

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1. Introduction to insurance and China’s insurance industry 2. The Chinese legal system and the Insurance Law 3. The regulation of insurance 4. Formation of an insurance contract 5. Terms of contracts and construction of the terms 6. Premiums 7. Insurable interest 8. The insured’s duty of disclosure and representations 9. The insurer’s pre-contractual duty of good faith 10. Increase of risk during the insurance period 11. Double insurance and contribution 12. Causation 13. Risk prevention and loss mitigation 14. The making of a claim 15. Settlement of claims 16. Fraudulent insurance claims 17. Subrogation 18. Modification and rescission of insurance contracts 19. Property insurance 20. Life and accident insurance 21. Liability insurance 22. Motor vehicle insurance 23. Reinsurance 24. Marine insurance 25. Insurance intermediaries 26. Insurance disputes resolution Appendix 1: The Insurance Law of the People’s Republic of China Appendix 2: The Maritime Code of the People’s Republic of China