Chinese Insurance Contracts: Law and Practice
| Chinese Insurance Contracts: Law and Practice, 2nd edition (c) 2026 |
Page 1190
Index
- abandonment: and indemnity 1015; marine insurance, and 1015–1020
- accident insurance 733; see also life insurance
- actual total loss: marine insurance 1015–1017
- administrative regulation by State Council: Agricultural Insurance Regulation 38–39; Deposit Insurance Regulation 40–41; Regulation on Administration of Foreign-Funded Insurance Companies 39–40; Regulation on Compulsory Motor Vehicle Traffic Accident Liability Insurance 38
- agency: general principles 1035–1043; termination of 1042–1043; transfer of 1038
- agreement on essential terms of insurance contract 142–146; commencement of liability 144–145; duration of insurance 144–145; exemptions of liability 144; insurance liability 144; insurance premium 146; insured amount 145–146; insured value 145–146; subject matter 143
- Agricultural Insurance Regulation 38–39
- annuity insurance 732
- arbitral awards: enforcement of 1104–1105; enforcement of overseas, in China 1117–1118; setting aside of 1108–1114
- arbitration 1100–1120; commissions 1101; for disputes arising from insurance subrogation 1114–1116; for disputes from foreign economic and trade activities 1116; flexible 1108; general rules 1100–1101; independence 1107; non-public hearing system 1107; procedure for insurance disputes 1105–1107; proceedings 1102–1103; professional 1107; technical 1107; tribunal, formation of 1102–1103; voluntary 1108
- arbitration agreement 1101–1102; governing law for 1105
- Arbitration Law of China 1100–1105
- assignment: of policy, exemption clauses 335–336; subrogation, and 616–624
- assignment of policy: exemption clauses 335–336; in marine insurance 1022–1026
- assignment of subject matter of property insurance 704–724; Chinese law 713–716; civil law jurisdictions 712–713; common law jurisdictions 707–712; duty of notification 716–717; failure in notifying, consequence for 721–723; insurable interest 705–707; material increase of risk 717–721
- authority: of the agent 1035–1038; power and 1035–1036; types of 1036
- award 1103–1104
- arbitral see arbitral awards
- Beijing Financial Regulatory Bureau 123
- Beijing Insurance Intermediary Association (BIIA) 123
- Beijing Municipal Civil Affairs Bureau 123
- beneficiary: meaning 734
- BIIA see Beijing Insurance Intermediary Association (BIIA)
- board insured vehicles, liability for persons on 930–931
- burden of proof: insured's duty to provide evidence and information 510–511
- business license 1050
- business-related work 876–877
- “but for” test 463–465
- cargo transportation insurance: rescission, and 696–697
- causation 444–475; application of doctrine of proximate cause in judicial practice in China 450–466; application of inevitability test in accident insurance 453–456; application of proximate cause in China 446–466; “but for” test, application of 463–465; discretion of court 471; doctrine of proximate cause wrongly used by court 471–472; duty of disclosure, and 284–285; effect of express wording in policy 469–471; exception for application of doctrine of proximate cause 469–472; HPC guidelines 449; independent causes 465–466; inevitability test in chain of events 450–453; one event induces another 457–458; proportional payment 466–469; proximate cause 445–446; recommendation for incorporating doctrine of proximate cause in Chinese law 474–475; SPC Interpretation 447–448; statutory provisions in Insurance Law 446–447; two concurrent proximate causes 459–463
- caution: burden of proof for proximate cause 472–474
- CBIRC see China Banking and Insurance Regulatory Commission (CBIRC)
- certificate of insurance 148–149
- channels for use of insurance funds 86–87
- China Banking and Insurance Regulatory Commission (CBIRC) 44
- China Insurance Regulatory Commission (the CIRC) 19, 44
- China's insurance industry: after foundation of PRC 13–14; competition 17–18; economic reform 14–15; formation 10–11; history and development 9–23; modern insurance, emergence 9–10; monopoly of insurance market by PICC, broken up of 17; open-door policy 14–15; pre-1949 11–13; reopening of PICC's insurance business 15–17; top three companies 18
- Chinese law: traditional underpinning 28–29
- Chinese legal system 28–44; historical overview 29–30
- CIRC see China Insurance Regulatory Commission (the CIRC)
- circuity of action theory 643
- civil liability: criminal prosecutions, and 586–587; guidelines for imposition of 582–583
- co-insurance: reinsurance, and 958–961
- commencement of liability: issue of policy, and 153; payment of premium, and 153; specified condition precedent for 154; specified place, and 153–154; specified time, and 153
- common law: insurer's pre-contractual duty of disclosure at 363–365
- compensatory damages for late payment of claims 523–534; damages arising from delay in litigation 531–532; determination of damages 523–526; limitation period for claims for late payment 533–534; loss of interest 529–531; loss of profit due to business interruption 526–529; types of damages available 526–532
- compulsory liability insurance 823–824
- compulsory motor insurance: advance of rescue costs 910; claims 911–913; contents of contract 909–914; exemptions 910; liability covered 909; obligations of the insured 910–911; persons required to insure 894–895; recovery from the tortfeasor 910; third party rights against insurers 914–918; transfer and rescission of contract 913–914
- compulsory motor vehicle insurance: rescission, and 697
- compulsory motor vehicle liability insurance 430–431
- conditions 165–167; for insurer to comply with 167; precedent to insurer's liability 166–167; precedent to policy or risk 166
- conduct-based fraud offence: under Fraud Act 2006 589–591; under German Criminal Code 592–593
- consent as condition for life policy: issues on ratification 753–754; when and how made 749–752; withdrawal 754–755
- consent for rescission: academics’ views 681–683; approaches in English law 683; court's decisions 681; other persons, by 680–683; rules provided by CIRC and SPC 682–683
- consequences for life policies without insurable interest: both parties bear consequences 239–240; insurer pays insurance money as compensation to insured 238; return of premium 237
- consideration 154
- construction of terms: contra proferentem, doctrine of 175–177; effectiveness test of exclusion clauses 178; fairness requirement 179–180; judicial control 178–180; rules under Insurance Law 173–174; usual understanding in contract law 174–175
- constructive total loss: marine insurance 1017–1020
- contractual exemption clauses 323–324
- contra proferentem, doctrine of 175–177
- contribution, in double insurance 433–436; English law 435–436; Insurance Law 433–435; joint liability contributions 438–439; Maritime Code 2025 435; pro rata liability contribution 436–438
- cooling-off period 744
- credit insurance 700–701
- crime, life insurance and: insured's suicide or the death 810; reform of the law 810–811; SPC rules 807–810; statutory provisions 805–807
- criminal offence of insurance fraud: amount involved in fraud for grading the punishment 575; attempted offence under Criminal Law 576; consummated offence under Criminal Law 576; elements 572–574; minimum condition for criminal liability 574–575
- criminal prosecutions: civil liability, and 586–587
- critical illness: exemption clauses 325–327
- C-ROSS: documentary framework 82–83; impact 83; technical framework 81–82
- current insurance market: foreign-funded insurance companies in market 25; insurance funds utilisation 24; insurance intermediaries’ market 24; personal insurance market 23; property insurance market 23; solvency of insurance companies 24–25; see also insurance market
- damage to motor vehicles 925–927
- death compensation 871
- defraud insurance money: determination of 578–582; meaning 577–578
- departmental rules by ISRA 44
- Deposit Insurance Regulation 40–41
- direct insurance business transaction 137
- directors’ and officers’ (D&O) liability insurance 881–887; nature of 883–885; risks covered by 885–886; risks excluded by 886–887
- disability compensation 871
- disposal of insurance money as life insured's estate 787–797; death of beneficiary before death of insured 793–795; life insured and beneficiary die in same accident 796–797; loss of beneficiary's right 795–796; no designation of beneficiary 788–792
- disputable exemption clauses 324–327
- distribution of subrogation recoveries: Australian solution 626–627; Chinese position 624–625; English approach 625–626
- double insurance 418–443; broad sense 420–421; Chinese laws 419; compulsory motor vehicle liability insurance 430–431; contribution 433–436; elements 422–426; English law 435–436; insured's duty to notify insurers 431–433; insured's right to claim 436–439; joint liability contributions 438–439; liability insurance 428–429; marine insurance, in 1027–1029; Maritime Code 2025 435; medical treatment insurance 427–428; narrow sense 420–421; personal accident insurance 427–428; pro rata liability contribution 436–438; rateable proportion clauses 439–441; remedies for non-notification 432–433; return of premiums 441–442; same insured, meaning 424–426; same interest on subject matter 422–423; same period of time under different policies 424; same risk 423–424; same subject matter 422; scope of application 426–431; time for notification to each insurer 432; total sums insured exceed insurable value of subject matter 426; types 420–421
- duties of insurance agents 1043–1049; after-sales service 1049; collect premium 1048–1049; customer's information 1048; explain the content of insurance contract 1043–1044; guide the proposer to fill out proposal form 1047; imputation of knowledge from agent to insurer 1044–1047; proposal forms and insurance policies in a timely manner 1048
- duties of insurance brokers: collect premiums from proposers 1058–1059
- disclose information of broker itself and of insurance products 1057–1058; provide advice to proposers 1058; provide true information between proposer and insurer 1055–1057
- duties of insurance intermediaries 1038
- duty of disclosure 247–313; Australian law 252; causation 284–285; circumstance which insurer's agent can observe is taken to be known by insurer 292–293; deemed waiver 290–297; deficiencies of law relating to remedies 287–288; determination of intentional or grossly negligent breach of duty 280–284; English law 251–252; exceptions 264–265; German law 252; inconsistent observation and information 294–296; inquiry disclosure in non-marine insurance 250–251; on insured only 265–268; insured's actual knowledge 261–263; insurer's agent knows means the insurer knows 293; insurer's duty to inform insured 252–254; insurer's knowledge of non-disclosure after contract concluded 294–296; insurer's knowledge of non-disclosure before contract concluded 290–294; making inquiry to insured or insured's guardian 254–255; marine insurance 251; materiality see materiality; medical examination cannot replace 263–264; oral inquiry 255; recommendations for amendment of law 288–289; remedies for breach 277–289; remedies in relation to pre-rescission losses and premium paid 279; rescission, and 277–278, 285–287; restrictions on insurer's defence of non-disclosure 289–311; scope 261–265; statutory law 249–250; time-bars on right of rescission 297–311; time for performance 268–271; time of concluding contract 268–270; time of reinstatement of life policies 271; time of renewal 270–271; voluntary disclosure 251; way of performing 250–261; written inquiry 255
- effectiveness of insurance contract 150–151
- employers’ liability insurance 864–877; business-related work, determination of 876–877; coverage under 870–872; exclusions from 872–873; labour relationship, determination of 874–876; work-related injury insurance 866–870
- employment relationship: insurable interest 229–230
- exclusion clauses: effectiveness test 178
- exemption clauses: assignment of policies 335–336; circumstances as prohibited by laws and regulations 327–330; consequence for failure to perform duty of clear explanation 342–344; contractual 323–324; critical illness 325–327; determination 321–327; development of duty of clear explanation 320–321; disputable 324–327; exception or mitigation of duty of clear explanation 327–332; group insurance 333–335; insured has effected same kind of policy more than once 330–331; insurer's duty to explain 318–349; insurer's duty to make reference to 336–337; meaning 318–320; onus of proof of clear explanation 344–349; performance of explanation duties for online sales 338–339; performance of explanation duties for telephone sales 339–340; persons to whom insurer should explain 332–336; probation clause in health insurance policy 325; reasonable insured test 340–342; regulatory 321–323; reiterating that certain risks are not covered 331; self-service insurance card 332–333; statutory 321–323; way of making clear explanations 337–338; witness testimony of explanation 347–348; written proof of explanation 344–347
- fabricate insurance subject matter: determination of 578–582; meaning 577–578; non-existent 578–580; pre-existing illness in life and health insurance 580–582
- facultative reinsurance 944–945
- FCA see Financial Conduct Authority (FCA)
- Financial Conduct Authority (FCA) 365–367; routes for redress for insurer's breach of 368–370
- first-party insurance 4–5
- foreign-funded insurance brokers 1067
- foreign-funded insurance companies, in market 25
- formality of conclusion of insurance contract 146–147
- formation of insurance contract 125–163; acceptance by insurer 129–134; acceptance must be unconditional 131; commencement of liability 162–163; communication of acceptance 131–132; consideration 154; counter-offer 134–135; dispute that cover will commence from 0:00 hour 156–158; duration of insurance 162–163; effectiveness 150–151; general principles 126–127; initial contact between insurer or agents and consumers 127–134; insurer's delay in responding to proposer's application 132–134; intermediary, role of 147–148; issuance and delivery of policy 134; late payment of premium 161; legal elements for validity of insurance contract 151–152; offer by proposer 128–130; offer made by insurers 135–136; online formation see online formation of insurance contract;
- payment of premium and commencement of insurer's liability 160–161; pre-payment of premium before conclusion of contract 158–160; signature of proposer 155–156; silence constituting acceptance, whether 132; terminologies 126; time when contract concluded 135; time when offer becomes effective 129; trouble spots 155–163; usual steps 127–135; withdrawal of offer 129–130
- fraud: meaning 552–554; proof of 555–556
- fraudulent claims 548–599; Australian law 564–565; Chinese law 560–561, 565–566, 593–597; collateral ties 566–568; criminal offence of insurance fraud 572–576; criminal prosecution versus civil liability 586–587; English law 561–564, 588–592; exaggeration of extent of loss 560–566, 583–584; fabrication of false cause of loss 558–560; fabrication of occurrence of insured event 556–557; fraud, meaning 552–554; fraudulent devices 566–568; German law 592–593; insured's dishonest state of mind 554–555; intentionally bringing about happening of insured event 557–558; judicial decisions to punishment of insurance fraud 576–586; life insurance 570–571; making of a claim 552; proof of fraud 555–556; recouping payment and expenses incurred for investigation 568–569; remedies 556–557; rescission of contracts 690; statutory framework 549–552; termination of insurance contract 569–570; types 556–570
- fraudulent insurance: claims, characteristics of 552–556
- good faith: bilateral duty 314; concept in Chinese law 248; insurer's duty of see insurer's duty of good faith; life insurance, and 735–740; reinsurance 963–964; utmost, in marine insurance 981–991
- group insurance: exemption clauses 333–335
- guiding rules published by High People's Courts 43
- health insurance 732–733; see also life insurance
- health insurance policy: pre-existing illness in 580–582; probation clause in 325
- hearing 1103–1104
- hesitation period see cooling-off period
- High People's Courts (HPCs): guiding rules published by 43
- HPCs see High People's Courts (HPCs)
- IAC see Insurance Association of China (IAC)
- IAMAC see Insurance Asset Management Association of China (IAMAC)
- ICOBS see Insurance Conduct of Business Sourcebook (ICOBS)
- implied term theory 643
- incontestability clause 297–311; fraud versus fraudulent non-disclosure 305–308; insurance policies, in 299–300; insured event during incontestability period but claim made after 310–311; policy coverage versus 308–309; scope of application 300–301; statutory provisions 298–299; 30-day period 301–303; two-year period 303–304
- increase of risk 385–417; Australian law 414–415; Chinese approach 406–410; consequences for breach of duty of notification 406–415; contractual duty of notification 403–404; degree of risk 398; duration of 396–398; English approach 398–401; English law 410–413; German law 415; habitual 405; insured, brought about by 404–405; insured subject matter 393–396; justification for requirement of notification 387–390; knowledge of insured 405; material 390–401; material, test of 391–393; New Zealand law 413–414; performance of duty of notification 401–402; permanent 405; recommendations 415–416; remedies 405–406; statutory duty of notification 403–404
- indemnity: abandonment, and 1015; insurance 1097; payment under the policy 880–881
- information security rights 121
- insurable interest 194–246; economic 201–206; English case law and statutes 196–198; English law 196–200; insurance card transaction 236–237; insurer's duty to check existence of 240–242; Law Commissions’ reform proposals 198–200; legal framework in China 206–207; legally recognised 201–206; marine insurance 998–1005; meaning 1002–1003; nature of 196–200; property insurance see insurable interest in property insurance; test of 201–206
- insurable interest in property insurance 207–218; civil liability, derived from 208; common ownership 211–212; consequences for lack of 216–218; co-ownership 211; existing interest 208; expected interest stemming from existent interest 213–214; factual expectation 208; legal relationships with property 212–213; management or operation rights on property 212; meaning 207–209; ownership of property 209–210; persons who have 209–214; when required 214–216
- insurance: classifications 3–7; meaning 126; nature of 2–3; regulations 1; topics 1; see also individual entries
- insurance adjusters 1090; qualification 1082–1083; regulation framework of 1067–1068; regulatory rule for 1068–1076
- insurance adjusting: archives 1082; entrusted procedure 1085; procedures 1077–1080; procedures in violation of relevant laws or regulations 1084–1085; reports 1080–1088; scope of 1083–1084; unilaterally entrusted loss 1087–1088
- insurance adjusting practitioners: qualification 1082–1083
- insurance agency practitioners 1051
- insurance agents 1089; duties of 1043–1049; market access for 1050–1051; operation rules 1051–1053
- Insurance Asset Management Association of China (IAMAC) 122–123
- insurance asset management companies: administration of 93–95
- Insurance Association of China (IAC) 45, 121–122; motor vehicle insurance, rules of 917
- insurance brokers 1090; business scope of 1054; duties of 1055–1059; features of 1053–1054; foreign-funded 1067; liability for losses and damages caused to proposers 1059–1061; market access of 1062–1063; operation rules 1064–1067; regulation framework of 1053; regulatory rules for 1061–1067
- insurance card transaction: insurable interest in 236–237; regulation of conduct 97–98
- Insurance Conduct of Business Sourcebook (ICOBS) 365–367
- insurance contract 1; meaning 126; nature of 2–3
- insurance coverage: professional liability insurance 879
- insurance disputes resolution 1091–1135; arbitration see arbitration; conflict of laws 1096–1097; governing law 1093–1096; jurisdiction 1092–1093; limitation period of actions 1097; linked arbitration-mediation scheme 1118–1120; litigation procedure 1097–1100; mediation see mediation
- insurance documents 148–150
- insurance funds utilisation 24
- insurance industry: further development 25–27
- insurance industry mediation 1121–1122
- insurance interest, in personal insurance 219–240; child has insurable interest in lives of parents 226–228; close relatives 228; consent as alternative way for creating an insurable interest 230–232; duty to explain amount limit to parent 224–225; employment relationships 229–230; family members 228; legal guardian has no insurable interest on minor child 225–226; life of one's spouse 222; meaning 219–221; natural love and affection 221–228; one's own life 221–222; parents and children 222–223; persons deemed to have 221–232
- insurance intermediaries 1033–1090; Basic Rules for Insurance Adjusting on 2 May 2018 (Basic Rules 2018) 1076–1082; duties of 1038; establishment of 1041–1042; general agency principles 1035–1043
- insurance adjusters see insurance adjusters; see insurance agents see insurance agents; see insurance brokers see insurance brokers; liabilities of 1039–1040; market 24; prohibited conducts 1040–1041; right of 1038; termination of agency 1042–1043
- insurance intermediary associations 123
- insurance legislation 33–44
- insurance market: current see current insurance market; opening up of 19–21; personal 23; property 23; reform of 19–21; standardised development of 21–23
- insurance operations: regulation of 95–96
- insurance policy 148
- insurance protection fund 109–115; Measures for the Administration of the Insurance Protection Fund 2022 109–115; raising of 112–113; use of 113–115
- Insurance Protection Fund Company 111–112
- insurance-related enterprises 89–90
- Insurance Supervisory and Regulatory Authority (ISRA) 45; departmental rules 44; responsibilities 47–48; take-over of insurance companies by 115–116
- insured: actual knowledge 261–263; amount 145–146, 232–234; dishonest state of mind 554–555; duty of disclosure 265–268; guardian, making inquiry to 254–255; insurer pays insurance money as compensation to 238; insurer's duty not to mislead 361–362; insurer's duty to inform 252–254; meaning 126; value 145–146
- insured's duties under subrogation 650–663; assist insurer in exercising rights 663; duty to disclose waiver of right 660–663; waiver of right to claim against negligent third party 651–660
- insured's duty to notify happening of insured event 497–504; form of notice 499; meaning 126; non-compliance, effect 499–504; performer of duty 498; time limits 498–499
- insured's duty to provide evidence and information 504–511; allocation of burden of proof by courts 511; burden of proof 510–511; insurer may require additional evidence 509; non-compliance, consequence of 507–509; proof of loss 510; proof that loss falls within exception 510–511; scope of duty 505–507
- insured subject matter: change of environment 394–395; changes of use of 393–394; due to refitting or any other reason, changes of 395–396; geographical area 394; increase of risk 393–396; meaning 126; owner, user, or manager, changes of 396; premium return after occurrence of partial loss to 191
- insurer: meaning 126, 733–734
- insurer's duty not to mislead insureds 349–362; American law 359–360; determination of misleading conducts 351–353; effective remedies, recommendations for 361–362; insurer's pre-contractual liability 356–358; legal consequences for misleading conduct 353–354; misleading conduct 349–353; pre-contractual liability 354–358; recommendations for effective remedies 361–362; remedies available to grieved insureds 354–358; statutory rules for misleading conduct 350–351
- insurer's duty of good faith 362–383; Consumer Duty 2022 367–368; criminal offence for insurer's pre-contractual misrepresentation 370; ICOBS 365–367; implied term rule 371; pre-contractual duties in Australian law 372–376, 381–383; pre-contractual duties in English law 362–371, 381–383; pre-contractual duties in German law 380–383; pre-contractual duties in New Zealand law 376–379, 381–383; pre-contractual duty of disclosure at common law 363–365; regulatory and statutory requirements on insurer's pre-contractual duties 365–371; routes for redress for insurer's breach of FCA rule 368–370
- insurer's duty to clearly explain exemption clauses 318–349; see also exemption clauses
- insurer's duty to explain content of contracts: consequence of breach 317–318; justification of 315–316; nature of 315–316; way of performing 316–317
- insurer's duty to pay valid claims in timely manner 517–523; decision within 30 days 517–519; payment within 10 days after agreement on amount of loss 521; preliminary payment within 60 days of receipt of claim documents 521–523; rejection notice within three days after determination of claim 519–520
- insurer's pre-contractual duty of good faith 314–384; explain content of contracts 315–318
- insurers’ questions 256–261
- insurers’ right to rely on defences under insurance contract 857–859; Chinese position 858; comparative analysis 858–859; recommendations 859
- insurer's subrogation rights in co-insurance, restrictions on 636–649; English law 642–648; judicial decision 637–642
- Internet insurance 99–109
- ISRA see Insurance Supervisory and Regulatory Authority (ISRA)
- joint liability contributions 438–439
- judicial mediation 1122–1125
- judicial system 31–33
- labour relationship 874–876
- late payment under English law 534–546; insurer's obligation to hold the insured harmless 535–537; judicial decisions on s. 13A of the Insurance Act 2015 542–546; other routes to redress 541–542; reform of current law 537–539; s. 13A of the Insurance Act 2015 539–541
- legal compensation rights 120
- legal elements for validity of insurance contract 151–152
- legal expenses 872
- legislative system 30–31
- liability insurance 700, 822–888; advocated by statutes 824; compulsory 823–824; conditional rights of third party's direct action against insurer 851–856; directors’ and officers’ see directors’ and officers’ liability insurance; double insurance in 428–429; employers’ see employers’ liability insurance; insurer's direct payment to third party 842–843; insurer's liability for other costs 859–860; insurer's liability to insured 832–834; insurer's obligation for insured's joint and several liability for joint tort 844–845; insurer's right of participation 860–861; insurers’ right to rely on defences under insurance contract 857–859; judicial rules 828–829; limitation period for insured to sue insurer 862–863; limitation period for third party to sue insurer 863–864; “occurrence” or “claim made” 825–827; prior discharge of insured's liability to third party 839–842; product 877–878; professional see professional liability insurance; public 881; reform of Insurance Law on third parties’ rights 856–857; settlement agreements 835–839; statutory rules 827–828; third party liability 829–832; third party's right to claim indemnity payments directly from insurer 846–849; types 823–827; unconditional rights of third party's direct action against insurer 850–851; voluntary 824–825
- life insurance 732, 1097; assignment of policies 813–815; Australian law on insurable interest 232; beneficiaries 734, 777–781; change of beneficiary 781–783; consent as condition precedent 749–755; consent for designation of beneficiaries 779–780; consent where proposer rescinds contract 798–799; consequences where no insurable interest 237–240; cooling-off period 744; crime 805–811; designation of beneficiaries where employer insures employees 780–781; designation of beneficiaries where life insured is a person with no or limited capacity for civil conduct 781; designation of beneficiary 778–779; disclosure for reinstatement 772–773; disposal of insurance money as life insured's estate see disposal of insurance money as life insured's estate; duty of disclosure 735–739; duty of explanation of policy terms 739–740; formation of contract 740–744; fraudulent claims 570–571; good faith 735–740; incontestability clauses 738–739; insertion of beneficiary's name into policy 783–787; insurable interest 734–735; insurer 733–734; life insured 734; limit on insured amount 232–234; loss between application and acceptance 742–744; material information 735–737; medical examination 737–738; murder of life insured by beneficiary 801–803; parties 733–734; pre-existing illness in 580–582; prohibition on person without capacity for civil acts 811–812; proposer 734; refund of cash value of policy 797–798; reinstatement see reinstatement of life insurance contract; SPC's rules for reinstatement 767–772; special steps for formation of contract 740–742; subrogation and 817–821; suicide 803–805; suspension 765–767; time when insurable interest must exist 234–236; transfer of beneficiary right 816; waiting period 744–749; whether beneficiary should possess insurable interest in life insured 799–801
- life insured: meaning 734
- limitation period: for insured to sue insurer 862–863; making of a claim 512–515; subrogation 671–674; for third party to sue insurer 863–864
- linked arbitration-mediation scheme 1118–1120
- linked litigation-mediation scheme (LLMS): advantages of 1131–1133
- improvement of 1134; for insurance disputes resolution 1125–1126; platform of 1126–1127; procedure of 1127–1129; unique features of 1133
- loss mitigation 484–495; consequences of failure to comply with duty 486–489; expenses sustained as result of 492–493; necessary and reasonable expense's incurred by insured 489–492; reasonableness of measures 486; statutory and contractual duty 484–486; uninsured loss sustained as result of 494; uninsured personal injury suffered as result of 494–495
- loss of work ability expenses 871–872
- making of a claim 497–515; fraudulent claims 552; insured's duty to notify happening of insured event 498–504; insured's duty to provide evidence and information 505–511; limitation period 512–515; practical procedures 511–512
- marine insurance 6–7, 969–1032, 1097; abandonment 1015–1020 actual total loss 1015–1017; art. 261 of CMC 2025 995–996; assignment and insurable interest 1025; assignment of policy 1022–1026; assignment of vessel 1026; constructive total loss 1017–1020; contract, rescission 695–696; double insurance in 1027–1029; duty to indemnity insured in a timely manner 974–975; duty to pay loss caused by general average 977–979; duty to pay other expenses payable 976–977; duty to pay the insured amount 975–976; exclusion of insurer's liability 979–980; formation of contract 972–974; impact of Insurable Interest Bill 2018 (UK) on insurable interest 1003; indemnity and abandonment 1015; insurable interest 998–1005; insurable interest at time of loss 999–1002; Insurance Act 2015 (UK) 987–990, 996–998; insurer's pre-contractual duty of making an explanation to insured 990–991; limitation period for actions 1010–1015; lost or not lost policy 1004–1005
- meaning of insurable interest 1002–1003; nature of 971–972; obligations and liabilities of insurer 974–979; obligations of insured 980; remedies for breach of duty of disclosure 985–987; remedies for breach of warranty 993–995; subrogation in 1005–1010; test of materiality 984–985; utmost good faith 981–991; value of the subject matter 1020–1022; voluntary disclosure in 251; warehouse to warehouse clause 1029–1032; warranty in 991–998; way of performance 981–984
- market access, for insurance agents 1050–1051
- material facts 275–277; moral hazards 276–277; physical hazards 276
- materiality: Australian law 274–275; English law 273–274; increase of risk 390–401; prudent insurer decisive influence test 271–272; prudent insurer mere influence test 272–273
- mediation 1120–1134; agreements see mediation agreements; insurance industry 1121–1122; judicial 1122–1125
- mediation agreements 1129–1130; judicial confirmation of 1130–1131
- medical expenses 871
- medical treatment insurance 427–428
- misconduct of insurers and employers: prohibition of 97
- misrepresentation 305–308; insurer's pre-contractual, criminal offence for 370
- modification of contracts 676–698; changing beneficiaries 678; changing insured 678; conditions 676–678; contents which may be modified 678–679; legal effect 679; parties which can be changed 678
- moral hazards 276–277
- motor vehicle insurance 889–935; advance of rescue costs 910; claims 911–913; compulsory 894–895, 909–914; compulsory motor insurers 892–893; contents of proposal form 908–909; determination of damages 902–904; exemptions 910; Insurance Law 914–915; insured persons, scope of 895–897; insured's pre-contractual duty of disclosure 904–907; insurer's pre-contractual duty to explain content of contract 907–908; legal framework 890–892; liability covered 909; limits of amount covered 897–898; non-compulsory commercial insurance 924–933; obligations of the insured 910–911; premium 900–902; problem and solution in respect of the third parties’ rights 917–918; procedural rights of third parties against insurers 915–917; recovery from the tortfeasor 910; Regulation on Compulsory Motor Vehicle Traffic Accident Liability Insurance 915; roads or other public places 894; Road Traffic Accident Social Relief Fund 918–924; rules of the Insurance Association of China 917; third party rights against insurers 914–918; third party victims, scope of 898–900; transfer and rescission of contract 913–914
- motor vehicles, definition 893–894
- motor vehicle third-party liability insurance 927–930
- National Financial Regulatory Administration (NFRA) 44; local offices (branches) 50; mandates 50–52; organisational structure 48–49
- National People's Congress (NPC): statutory regulation 45
- NFRA see National Financial Regulatory Administration (NFRA)
- non-compulsory commercial insurance 924–933; additional covers 931–933; damage to motor vehicles 925–927; liability for persons on board insured vehicles 930–931; motor vehicle third-party liability insurance 927–930; theft of the vehicle 931
- non-marine insurance 6–7
- non-proportional reinsurance 947
- NPC see National People's Congress (NPC)
- observation period see waiting period
- “occurrence” or “claim made” liability insurance 825–827
- offer made by insurers 135–136
- online formation of insurance contract 136–142; contract concluded under insurance card transaction 139–141; determination of proposer in insurance card 142; direct insurance business transaction 137; self-service insurance card transaction 138–139; whether card returnable 141
- onus of proof of clear explanation: exemption clauses 344–349; witness testimony 347–348; written proof 344–347
- oral inquiry: duty of disclosure 255
- overseas arbitral awards: in China, enforcement of 1117–1118
- overseas investment with insurance funds: administration 90–93
- People's Insurance Company of China (the PICC): insurance business, reopening of 15–17; monopoly of insurance market, broken up of 17
- personal accident insurance 427–428
- personal insurance 5–6; definition 731–732; insurance interest in see insurance interest, in personal insurance; market 23; premium payment 812–813; types 732–733
- physical hazards 276
- PICC see People's Insurance Company of China (the PICC)
- premium 181–193; cannot be demanded by legal action in life insurance 189; circumstances under which not returnable 192; circumstances under which returnable 190–192; grace of payment 186–187; grossly negligent non-disclosure 191; late or non-payment 165; meaning 181; misrepresentation 191; mode for payment 183–184; modification during insurance period 189–190; motor vehicle insurance 900–902; payment 181–186; payment and reinstatement of life policy 187–188; payment as condition of effectiveness of contract 186; pension insurance 812–813; person to whom paid 183; rate for professional liability insurance 880; return of 190–192; trading habit for payment 184–185; when payable 185–186
- privity of contract: reassurance, and 948–950
- probation clause: health insurance policy, in 325
- probation period see waiting period
- product liability insurance 877–878
- professional liability insurance: indemnity payment under the policy 880–881; insurance coverage 879; legal basis for 879–880; premium rate for 880
- prohibited conducts: insurance intermediaries 1040–1041
- property insurance 5–6, 699–730; age of property 703; assignment of subject matter see assignment of subject matter of property insurance; condition of insured property 702–703; credit 700–701; explanation of policy 703; insurable interest 701; insured's duties 724–726; insured's duty to prevent and mitigate insured loss 725–726; insurer's right of subrogation 728; liability 700; location of insured property 702; material facts 701–703; notification of increase of risk 724–725; property loss and damage 700; proposal form 148; right to damaged property 728; risks covered 728–729; risks excluded 728–729; surety bond 701; types 700–701; unvalued policies 726–728; use of insured property 703; valued policies 726–728
- property safety rights 120
- proportional reinsurance 945–946
- proposer: meaning 126, 734
- pro rata liability contribution 436–438
- protection of insurance consumers: handling of consumers’ complaints 116–117; information security rights 121; insurance protection fund 109–115; legal compensation rights 120; management requirements 117–118; property safety rights 120; regulatory rules 117–121; right to choose 119; right to education 120–121; right to fair trade 119–120; right to know 119; right to respect 120–121; take-over of insurance companies by ISRA 115–116; working mechanisms 117–118
- proximate cause see causation
- prudent insurer decisive influence test 271–272
- prudent insurer mere influence test 7, 272–273
- public liability insurance 881
- punishment of insurance fraud, judicial decisions to 576–586; defraud insurance money 577–582; exaggeration of extent of loss 583–584; fabricate insurance subject matter 578–582; guidelines for imposition of civil liability or criminal punishment for fraud 582–583; intentionally causing the death, disability, or illness of life insured 585–586; intentionally causing the occurrence of an accident 585; making up false cause of occurrence of insured event 583–584; occurrence of an insured event, inventing 584–585
- quota share reinsurance 946
- RAFFIC see Regulation on Administration of Foreign-Funded Insurance Companies (RAFFIC)
- rateable proportion clauses: double insurance, and 439–441
- ratification 1036–1037
- reasonable insured test 340–342
- regulation of conduct of insurance companies: insurance operations 95–96; misconduct of insurers and employees, prohibition of 97; sales 96
- regulation of corporate governance: directors 63–66; evaluation 69–70; senior officers 63–66; structure 66–69; supervisors 63–66
- regulation of insurance 45–124; business see regulation of insurance business; corporate governance see regulation of corporate governance; insurance companies see regulation on establishment of insurance companies; insurance group companies see regulation of insurance group companies; see Internet insurance see regulation of Internet insurance; see protection of insurance consumers see protection of insurance consumers; self-regulatory institutions 121–123
- regulation of insurance business 59–98; Administration of the Solvency of Insurance Companies 2021 83–84; channels for use of insurance funds 86–87; claims 97–98; clauses and premium rates 71–73; conduct of insurance companies 95–98; C-ROSS 81–83; examination, approval and filing of products 74–75; first generation of solvency regulation system 80–81; information disclosure of new products 79–80; insurance asset management companies, administration of 93–95; insurance fund utilisation, scope of 87–88; insurance products 74–80; insurance-related enterprises 89–90; overseas investment with insurance funds, administration of 90–93; scope 70–80; solvency 80–85; specific insurance products 75–79; use of insurance funds 85–95
- regulation of insurance group companies: Measures for the Consolidated Supervision and Administration of Insurance Group Companies 2021 (the Measures 2021) 59–60; Measures for the Consolidated Supervision and Administration of Insurance Groups 2025 (the Measures 2025) 60–63
- regulation of insurance intermediaries 98–99
- regulation of Internet insurance: business requirements 101–102; definitions 99–101; general requirements 99–101; sales management 102–107; service management 107–109
- regulation on establishment of insurance companies 52–59; dissolution of insurance company 58–59; domestic branch 54–56; foreign-funded insurance companies 56–58; overseas branch 53–54; requirements for establishment 52–53
- regulatory exemption clauses 321–323
- reinstatement of life insurance contract 755–777; automatic reinstatement model 763–764; disclosure 772–773; insurability model 762; Insurance Law 765–767; model of consent by the insurer 765; reform of Insurance Law 773–777; relaxed insurability model 762–763; representation 772–773; SPC Interpretations III 2015 767–772; special features and justification 756–759
- reinsurance 7, 936–968; China's market 937–939; co-insurance, and 958–961; contents of contract 951–952; definitions 940; exceptions to doctrine of privity of contract 950–951; facultative 944–945; functions 942–943; good faith 963–964; incorporating of terms from original contract 955–956; insurable interest 961–962; legal framework 939–940; nature of contract 940–942; non-proportional 947; parties 947–948; principles in making 961–965; privity of contract, and 948–950; proportional 945–946; quota share 946; regulations on claim management 966–967; regulations on confidentiality 966; regulations on reinsurance brokers 967–968; regulations on retention of business 965–966; rights and liabilities of parties 956–957; scope of business 957–958; standard clauses 952–955; subrogation 964–965; surplus 946; treaty 944; types 943–947
- remedies for breach of the duty: amendment of law, recommendations for 288–289; causation 284–285; deficiencies of law 287–288; intentional or grossly negligent breach of duty, determination of 280–284; pre-rescission losses and premium paid 279; rescission of contract a condition precedent for refusing claims 285–287; right to rescind the contract 277–278
- representations 247–313
- rescission of contracts 676–698; after insured event has occurred 687; after partial loss of the property 687–689; age of life insured wrongly declared 690; agreement between parties 679; agreement or reinstatement of suspended policy not reached 692–693; beneficiary, by 683–684; cargo transportation insurance 696–697; circumstances under which insurer entitled 689–695; compulsory motor vehicle insurance 697; consent for rescission 697–698; consent of others see consent for rescission; contracts which cannot be rescinded 696–697; cooling-off period, during 686; duty of disclosure, and 277–278, 285–287; fraudulent claims 690; insured failing to perform duty in loss prevention 691–692; insured risk increasing during contract 690–691; life insured, by 683–684; marine insurance contract 695–696; pension policy made for benefit of another person 684–686; proposer, by 679–680; proposer failing to perform duty of good faith 689; return of cash value 686; right specified in policy 693–695; time bars on right 297–311
- result-based deception offence, under Theft Act 1968 589
- return of premium 190–192; after occurrence of partial loss to insured subject matter 191; double insurance 441–442; misstatement of age of life insured 191; over-insurance 191; pre-paid premium before conclusion of contract 191; rescission of contract during cooling-off period 191–192; rescission of contract in case of increase of risk during insurance period 191–192; risk or insured value of subject matter decreases 192; void life policy without consent of life insured 190; void life policy without insurable interest 190
- right(s): to choose 119; to education 120–121; to fair trade 119–120; information security 121; of insurance intermediaries 1038; to know 119; legal compensation 120; property safety 120; to rescind the contract 277–278; of rescission of the contracts, time-bars on insurers’ 297–311; to respect 120–121
- risk 384–417; increase of see increase of risk
- risk prevention 477–484; consequences of failure to comply with duty 481–484; insurer's right to increase premium or rescind contract 483–484; insurer's right to inspect safety status of subject matter 479–480; insurer's right to take preventative measures 480; repudiation of insurer's liability 481–483; statutory and contractual duty 477–479
- roads, definition 894
- Road Traffic Accident Social Relief Fund 918–924; administration 921; financial sources 920–921; function 919–920; procedure for advancing funds 921–922; use of 922–924
- sales: management 102–107; regulation 96
- salespersons: regulation 96–97
- self-regulatory institutions 121–123
- self-service insurance card transaction 138–139; exemption clauses 332–333
- senior management personnel qualification 1050
- service management 107–109
- settlement agreements: between insured and insurer 838–839; between insured and third party without consent of insurers 837–838; between insurer and third party 838–839; liability insurance 835–839; with Linked Litigation-Mediation Scheme 836–837; with mediation of People's Mediation Committee 835–836
- settlement of claims 516–547; compensatory damages for late payment see compensatory damages for late payment; duty to pay valid claims in timely manner 517–523
- short-term policy 149
- solvency of insurance companies 24–25
- State Council, administrative regulation by: Agricultural Insurance Regulation 38–39; Deposit Insurance Regulation 40–41; Regulation on Administration of Foreign-Funded Insurance Companies 39–40; Regulation on Compulsory Motor Vehicle Traffic Accident Liability Insurance 38
- statutory exemption clauses 321–323
- statutory regulatory authority 46–47
- subrogation 600–675; application 602–605; arbitration for disputes arising from 1114–1116; assignment, and 616–624; based on third party's tortious or contractual liabilities 607–609; communal economic interest with the insured 631–632; confusion with assignment in Insurance Law 618–624; contractual duties versus statutory duties 663–664; determination of jurisdiction for action 668–671; distribution of recoveries 624–627; independent economic interest with the insured 632–634; Insurance Law 606; insured cannot make profit 616; insured’ duties under see insured's duties under subrogation; insured's family members 627–629; insured's staff members 629–631; insurer's rights against third party 609–614; insurer's subrogation rights in co-insurance, restrictions on see insurer's subrogation rights in co-insurance, restrictions on; joint trial or change of plaintiff for action 666–667; legal framework in China 605–607; life insurance, and 817–821; limitation period 671–674; marine insurance, in see subrogation, in marine insurance; marine insurance laws 606–607; meaning 600; nature of 600–601; against the non-motor vehicle driver 634–636; origins 601–602; persons immune from action 627–636; against a proposer who is not the insured 614–615; reinsurance 964–965; in reinsurance 667–668; SPC Interpretations IV 2018 607; suggestions for amendment of art 62 Insurance Law 649–650
- subrogation, in marine insurance 1005–1010 judicial practice 1009–1010 Maritime Code 2025 1006; SPC Interpretations 2003 1007; SPC Stipulations 2006 1007–1008
- Special Maritime Procedure Law 1999 1006–1007
- subrogation rights against third party 609–614; amount for insurer to recover 611–612; control of proceedings 614; insured must be indemnified 611; loss caused by negligent third party 610–611; whose name used in proceedings 612–613
- suicide: life insurance, and 803–805
- surety bond insurance 701
- surplus reinsurance 946
- suspension of life insurance contract 765–767
- take-over of insurance companies: ISRA, by 115–116
- temporary policy 149
- termination: of agency 1042–1043 of insurance contract, for fraudulent claims 569–570
- terms of contracts 164–180; construction see construction of terms; required by law 165; types 164
- theft of the vehicle 931
- theory of construction of the underlying contract 644–648
- third-party insurance 4–5
- third-party liability 829–832
- third party's right to claim indemnity payments directly from insurer: where insured fails to transmit insurance monies to third party 849; where insured neglects in requesting the insurer to pay the third party 846–848; where third party has not been indemnified or fully indemnified by insured 848
- time when contract concluded 135
- transfer of agency 1038
- treaty reinsurance 944
- uberrimae fidei 247
- use of insurance funds 85–95
- utmost good faith, in marine insurance 981–991; impact of Insurance Act 2015 provisions in CMC 2025 987–990; insurer's pre-contractual duty of making an explanation to insured 990–991; remedies for breach of duty of disclosure 985–987; test of materiality 984–985; way of performance 981–984
- voluntary disclosure, in marine insurance 251
- voluntary liability insurance 824–825
- waiting period 744–749; after effective date of insurance contract 745–747; after reinstatement of suspended insurance policies 747–749
- warehouse to warehouse clause 1029–1032
- warranties: Chinese law 172–173; English law 167–171; marine insurance, in see warranties, in marine insurance
- warranties, in marine insurance 991–998; art. 261 of CMC 2025 995–996; Insurance Act 2015 996–998; nature of 992; remedies for breach of warranty in CMC 2025 993–995
- work-related injury insurance 866–870; circumstances 868; determination 867–868; employers’ liability 870; fund 866–867; payment, scope of 869–870; work ability assessment 868–869
- written inquiry: duty of disclosure 255