i-law

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 10151020
  • accident insurance 733; see also life insurance
  • actual total loss: marine insurance 10151017
  • administrative regulation by State Council: Agricultural Insurance Regulation 3839; Deposit Insurance Regulation 4041; Regulation on Administration of Foreign-Funded Insurance Companies 3940; Regulation on Compulsory Motor Vehicle Traffic Accident Liability Insurance 38
  • agency: general principles 10351043; termination of 10421043; transfer of 1038
  • agreement on essential terms of insurance contract 142146; commencement of liability 144145; duration of insurance 144145; exemptions of liability 144; insurance liability 144; insurance premium 146; insured amount 145146; insured value 145146; subject matter 143
  • Agricultural Insurance Regulation 3839
  • annuity insurance 732
  • arbitral awards: enforcement of 11041105; enforcement of overseas, in China 11171118; setting aside of 11081114
  • arbitration 11001120; commissions 1101; for disputes arising from insurance subrogation 11141116; for disputes from foreign economic and trade activities 1116; flexible 1108; general rules 11001101; independence 1107; non-public hearing system 1107; procedure for insurance disputes 11051107; proceedings 11021103; professional 1107; technical 1107; tribunal, formation of 11021103; voluntary 1108
  • arbitration agreement 11011102; governing law for 1105
  • Arbitration Law of China 11001105
  • assignment: of policy, exemption clauses 335336; subrogation, and 616624
  • assignment of policy: exemption clauses 335336; in marine insurance 10221026
  • assignment of subject matter of property insurance 704724; Chinese law 713716; civil law jurisdictions 712713; common law jurisdictions 707712; duty of notification 716717; failure in notifying, consequence for 721723; insurable interest 705707; material increase of risk 717721
  • authority: of the agent 10351038; power and 10351036; types of 1036
  • award 11031104
  • 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 930931
  • burden of proof: insured's duty to provide evidence and information 510511
  • business license 1050
  • business-related work 876877
  • “but for” test 463465
  • cargo transportation insurance: rescission, and 696697
  • causation 444475; application of doctrine of proximate cause in judicial practice in China 450466; application of inevitability test in accident insurance 453456; application of proximate cause in China 446466; “but for” test, application of 463465; discretion of court 471; doctrine of proximate cause wrongly used by court 471472; duty of disclosure, and 284285; effect of express wording in policy 469471; exception for application of doctrine of proximate cause 469472; HPC guidelines 449; independent causes 465466; inevitability test in chain of events 450453; one event induces another 457458; proportional payment 466469; proximate cause 445446; recommendation for incorporating doctrine of proximate cause in Chinese law 474475; SPC Interpretation 447448; statutory provisions in Insurance Law 446447; two concurrent proximate causes 459463
  • caution: burden of proof for proximate cause 472474
  • CBIRC see China Banking and Insurance Regulatory Commission (CBIRC)
  • certificate of insurance 148149
  • channels for use of insurance funds 8687
  • China Banking and Insurance Regulatory Commission (CBIRC) 44
  • China Insurance Regulatory Commission (the CIRC) 19, 44
  • China's insurance industry: after foundation of PRC 1314; competition 1718; economic reform 1415; formation 1011; history and development 923; modern insurance, emergence 910; monopoly of insurance market by PICC, broken up of 17; open-door policy 1415; pre-1949 1113; reopening of PICC's insurance business 1517; top three companies 18
  • Chinese law: traditional underpinning 2829
  • Chinese legal system 2844; historical overview 2930
  • CIRC see China Insurance Regulatory Commission (the CIRC)
  • circuity of action theory 643
  • civil liability: criminal prosecutions, and 586587; guidelines for imposition of 582583
  • co-insurance: reinsurance, and 958961
  • commencement of liability: issue of policy, and 153; payment of premium, and 153; specified condition precedent for 154; specified place, and 153154; specified time, and 153
  • common law: insurer's pre-contractual duty of disclosure at 363365
  • compensatory damages for late payment of claims 523534; damages arising from delay in litigation 531532; determination of damages 523526; limitation period for claims for late payment 533534; loss of interest 529531; loss of profit due to business interruption 526529; types of damages available 526532
  • compulsory liability insurance 823824
  • compulsory motor insurance: advance of rescue costs 910; claims 911913; contents of contract 909914; exemptions 910; liability covered 909; obligations of the insured 910911; persons required to insure 894895; recovery from the tortfeasor 910; third party rights against insurers 914918; transfer and rescission of contract 913914
  • compulsory motor vehicle insurance: rescission, and 697
  • compulsory motor vehicle liability insurance 430431
  • conditions 165167; for insurer to comply with 167; precedent to insurer's liability 166167; precedent to policy or risk 166
  • conduct-based fraud offence: under Fraud Act 2006 589591; under German Criminal Code 592593
  • consent as condition for life policy: issues on ratification 753754; when and how made 749752; withdrawal 754755
  • consent for rescission: academics’ views 681683; approaches in English law 683; court's decisions 681; other persons, by 680683; rules provided by CIRC and SPC 682683
  • consequences for life policies without insurable interest: both parties bear consequences 239240; insurer pays insurance money as compensation to insured 238; return of premium 237
  • consideration 154
  • construction of terms: contra proferentem, doctrine of 175177; effectiveness test of exclusion clauses 178; fairness requirement 179180; judicial control 178180; rules under Insurance Law 173174; usual understanding in contract law 174175
  • constructive total loss: marine insurance 10171020
  • contractual exemption clauses 323324
  • contra proferentem, doctrine of 175177
  • contribution, in double insurance 433436; English law 435436; Insurance Law 433435; joint liability contributions 438439; Maritime Code 2025 435; pro rata liability contribution 436438
  • cooling-off period 744
  • credit insurance 700701
  • crime, life insurance and: insured's suicide or the death 810; reform of the law 810811; SPC rules 807810; statutory provisions 805807
  • 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 572574; minimum condition for criminal liability 574575
  • criminal prosecutions: civil liability, and 586587
  • critical illness: exemption clauses 325327
  • C-ROSS: documentary framework 8283; impact 83; technical framework 8182
  • 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 2425; see also insurance market
  • damage to motor vehicles 925927
  • death compensation 871
  • defraud insurance money: determination of 578582; meaning 577578
  • departmental rules by ISRA 44
  • Deposit Insurance Regulation 4041
  • direct insurance business transaction 137
  • directors’ and officers’ (D&O) liability insurance 881887; nature of 883885; risks covered by 885886; risks excluded by 886887
  • disability compensation 871
  • disposal of insurance money as life insured's estate 787797; death of beneficiary before death of insured 793795; life insured and beneficiary die in same accident 796797; loss of beneficiary's right 795796; no designation of beneficiary 788792
  • disputable exemption clauses 324327
  • distribution of subrogation recoveries: Australian solution 626627; Chinese position 624625; English approach 625626
  • double insurance 418443; broad sense 420421; Chinese laws 419; compulsory motor vehicle liability insurance 430431; contribution 433436; elements 422426; English law 435436; insured's duty to notify insurers 431433; insured's right to claim 436439; joint liability contributions 438439; liability insurance 428429; marine insurance, in 10271029; Maritime Code 2025 435; medical treatment insurance 427428; narrow sense 420421; personal accident insurance 427428; pro rata liability contribution 436438; rateable proportion clauses 439441; remedies for non-notification 432433; return of premiums 441442; same insured, meaning 424426; same interest on subject matter 422423; same period of time under different policies 424; same risk 423424; same subject matter 422; scope of application 426431; time for notification to each insurer 432; total sums insured exceed insurable value of subject matter 426; types 420421
  • duties of insurance agents 10431049; after-sales service 1049; collect premium 10481049; customer's information 1048; explain the content of insurance contract 10431044; guide the proposer to fill out proposal form 1047; imputation of knowledge from agent to insurer 10441047; proposal forms and insurance policies in a timely manner 1048
  • duties of insurance brokers: collect premiums from proposers 10581059
  • disclose information of broker itself and of insurance products 10571058; provide advice to proposers 1058; provide true information between proposer and insurer 10551057
  • duties of insurance intermediaries 1038
  • duty of disclosure 247313; Australian law 252; causation 284285; circumstance which insurer's agent can observe is taken to be known by insurer 292293; deemed waiver 290297; deficiencies of law relating to remedies 287288; determination of intentional or grossly negligent breach of duty 280284; English law 251252; exceptions 264265; German law 252; inconsistent observation and information 294296; inquiry disclosure in non-marine insurance 250251; on insured only 265268; insured's actual knowledge 261263; insurer's agent knows means the insurer knows 293; insurer's duty to inform insured 252254; insurer's knowledge of non-disclosure after contract concluded 294296; insurer's knowledge of non-disclosure before contract concluded 290294; making inquiry to insured or insured's guardian 254255; marine insurance 251; materiality see materiality; medical examination cannot replace 263264; oral inquiry 255; recommendations for amendment of law 288289; remedies for breach 277289; remedies in relation to pre-rescission losses and premium paid 279; rescission, and 277278, 285287; restrictions on insurer's defence of non-disclosure 289311; scope 261265; statutory law 249250; time-bars on right of rescission 297311; time for performance 268271; time of concluding contract 268270; time of reinstatement of life policies 271; time of renewal 270271; voluntary disclosure 251; way of performing 250261; written inquiry 255
  • effectiveness of insurance contract 150151
  • employers’ liability insurance 864877; business-related work, determination of 876877; coverage under 870872; exclusions from 872873; labour relationship, determination of 874876; work-related injury insurance 866870
  • employment relationship: insurable interest 229230
  • exclusion clauses: effectiveness test 178
  • exemption clauses: assignment of policies 335336; circumstances as prohibited by laws and regulations 327330; consequence for failure to perform duty of clear explanation 342344; contractual 323324; critical illness 325327; determination 321327; development of duty of clear explanation 320321; disputable 324327; exception or mitigation of duty of clear explanation 327332; group insurance 333335; insured has effected same kind of policy more than once 330331; insurer's duty to explain 318349; insurer's duty to make reference to 336337; meaning 318320; onus of proof of clear explanation 344349; performance of explanation duties for online sales 338339; performance of explanation duties for telephone sales 339340; persons to whom insurer should explain 332336; probation clause in health insurance policy 325; reasonable insured test 340342; regulatory 321323; reiterating that certain risks are not covered 331; self-service insurance card 332333; statutory 321323; way of making clear explanations 337338; witness testimony of explanation 347348; written proof of explanation 344347
  • fabricate insurance subject matter: determination of 578582; meaning 577578; non-existent 578580; pre-existing illness in life and health insurance 580582
  • facultative reinsurance 944945
  • FCA see Financial Conduct Authority (FCA)
  • Financial Conduct Authority (FCA) 365367; routes for redress for insurer's breach of 368370
  • first-party insurance 45
  • foreign-funded insurance brokers 1067
  • foreign-funded insurance companies, in market 25
  • formality of conclusion of insurance contract 146147
  • formation of insurance contract 125163; acceptance by insurer 129134; acceptance must be unconditional 131; commencement of liability 162163; communication of acceptance 131132; consideration 154; counter-offer 134135; dispute that cover will commence from 0:00 hour 156158; duration of insurance 162163; effectiveness 150151; general principles 126127; initial contact between insurer or agents and consumers 127134; insurer's delay in responding to proposer's application 132134; intermediary, role of 147148; issuance and delivery of policy 134; late payment of premium 161; legal elements for validity of insurance contract 151152; offer by proposer 128130; offer made by insurers 135136; online formation see online formation of insurance contract;
  • payment of premium and commencement of insurer's liability 160161; pre-payment of premium before conclusion of contract 158160; signature of proposer 155156; silence constituting acceptance, whether 132; terminologies 126; time when contract concluded 135; time when offer becomes effective 129; trouble spots 155163; usual steps 127135; withdrawal of offer 129130
  • fraud: meaning 552554; proof of 555556
  • fraudulent claims 548599; Australian law 564565; Chinese law 560561, 565566, 593597; collateral ties 566568; criminal offence of insurance fraud 572576; criminal prosecution versus civil liability 586587; English law 561564, 588592; exaggeration of extent of loss 560566, 583584; fabrication of false cause of loss 558560; fabrication of occurrence of insured event 556557; fraud, meaning 552554; fraudulent devices 566568; German law 592593; insured's dishonest state of mind 554555; intentionally bringing about happening of insured event 557558; judicial decisions to punishment of insurance fraud 576586; life insurance 570571; making of a claim 552; proof of fraud 555556; recouping payment and expenses incurred for investigation 568569; remedies 556557; rescission of contracts 690; statutory framework 549552; termination of insurance contract 569570; types 556570
  • fraudulent insurance: claims, characteristics of 552556
  • good faith: bilateral duty 314; concept in Chinese law 248; insurer's duty of see insurer's duty of good faith; life insurance, and 735740; reinsurance 963964; utmost, in marine insurance 981991
  • group insurance: exemption clauses 333335
  • guiding rules published by High People's Courts 43
  • health insurance 732733; see also life insurance
  • health insurance policy: pre-existing illness in 580582; probation clause in 325
  • hearing 11031104
  • 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 297311; fraud versus fraudulent non-disclosure 305308; insurance policies, in 299300; insured event during incontestability period but claim made after 310311; policy coverage versus 308309; scope of application 300301; statutory provisions 298299; 30-day period 301303; two-year period 303304
  • increase of risk 385417; Australian law 414415; Chinese approach 406410; consequences for breach of duty of notification 406415; contractual duty of notification 403404; degree of risk 398; duration of 396398; English approach 398401; English law 410413; German law 415; habitual 405; insured, brought about by 404405; insured subject matter 393396; justification for requirement of notification 387390; knowledge of insured 405; material 390401; material, test of 391393; New Zealand law 413414; performance of duty of notification 401402; permanent 405; recommendations 415416; remedies 405406; statutory duty of notification 403404
  • indemnity: abandonment, and 1015; insurance 1097; payment under the policy 880881
  • information security rights 121
  • insurable interest 194246; economic 201206; English case law and statutes 196198; English law 196200; insurance card transaction 236237; insurer's duty to check existence of 240242; Law Commissions’ reform proposals 198200; legal framework in China 206207; legally recognised 201206; marine insurance 9981005; meaning 10021003; nature of 196200; property insurance see insurable interest in property insurance; test of 201206
  • insurable interest in property insurance 207218; civil liability, derived from 208; common ownership 211212; consequences for lack of 216218; co-ownership 211; existing interest 208; expected interest stemming from existent interest 213214; factual expectation 208; legal relationships with property 212213; management or operation rights on property 212; meaning 207209; ownership of property 209210; persons who have 209214; when required 214216
  • insurance: classifications 37; meaning 126; nature of 23; regulations 1; topics 1; see also individual entries
  • insurance adjusters 1090; qualification 10821083; regulation framework of 10671068; regulatory rule for 10681076
  • insurance adjusting: archives 1082; entrusted procedure 1085; procedures 10771080; procedures in violation of relevant laws or regulations 10841085; reports 10801088; scope of 10831084; unilaterally entrusted loss 10871088
  • insurance adjusting practitioners: qualification 10821083
  • insurance agency practitioners 1051
  • insurance agents 1089; duties of 10431049; market access for 10501051; operation rules 10511053
  • Insurance Asset Management Association of China (IAMAC) 122123
  • insurance asset management companies: administration of 9395
  • Insurance Association of China (IAC) 45, 121122; motor vehicle insurance, rules of 917
  • insurance brokers 1090; business scope of 1054; duties of 10551059; features of 10531054; foreign-funded 1067; liability for losses and damages caused to proposers 10591061; market access of 10621063; operation rules 10641067; regulation framework of 1053; regulatory rules for 10611067
  • insurance card transaction: insurable interest in 236237; regulation of conduct 9798
  • Insurance Conduct of Business Sourcebook (ICOBS) 365367
  • insurance contract 1; meaning 126; nature of 23
  • insurance coverage: professional liability insurance 879
  • insurance disputes resolution 10911135; arbitration see arbitration; conflict of laws 10961097; governing law 10931096; jurisdiction 10921093; limitation period of actions 1097; linked arbitration-mediation scheme 11181120; litigation procedure 10971100; mediation see mediation
  • insurance documents 148150
  • insurance funds utilisation 24
  • insurance industry: further development 2527
  • insurance industry mediation 11211122
  • insurance interest, in personal insurance 219240; child has insurable interest in lives of parents 226228; close relatives 228; consent as alternative way for creating an insurable interest 230232; duty to explain amount limit to parent 224225; employment relationships 229230; family members 228; legal guardian has no insurable interest on minor child 225226; life of one's spouse 222; meaning 219221; natural love and affection 221228; one's own life 221222; parents and children 222223; persons deemed to have 221232
  • insurance intermediaries 10331090; Basic Rules for Insurance Adjusting on 2 May 2018 (Basic Rules 2018) 10761082; duties of 1038; establishment of 10411042; general agency principles 10351043
  • insurance adjusters see insurance adjusters; see insurance agents see insurance agents; see insurance brokers see insurance brokers; liabilities of 10391040; market 24; prohibited conducts 10401041; right of 1038; termination of agency 10421043
  • insurance intermediary associations 123
  • insurance legislation 3344
  • insurance market: current see current insurance market; opening up of 1921; personal 23; property 23; reform of 1921; standardised development of 2123
  • insurance operations: regulation of 9596
  • insurance policy 148
  • insurance protection fund 109115; Measures for the Administration of the Insurance Protection Fund 2022 109115; raising of 112113; use of 113115
  • Insurance Protection Fund Company 111112
  • insurance-related enterprises 8990
  • Insurance Supervisory and Regulatory Authority (ISRA) 45; departmental rules 44; responsibilities 4748; take-over of insurance companies by 115116
  • insured: actual knowledge 261263; amount 145146, 232234; dishonest state of mind 554555; duty of disclosure 265268; guardian, making inquiry to 254255; insurer pays insurance money as compensation to 238; insurer's duty not to mislead 361362; insurer's duty to inform 252254; meaning 126; value 145146
  • insured's duties under subrogation 650663; assist insurer in exercising rights 663; duty to disclose waiver of right 660663; waiver of right to claim against negligent third party 651660
  • insured's duty to notify happening of insured event 497504; form of notice 499; meaning 126; non-compliance, effect 499504; performer of duty 498; time limits 498499
  • insured's duty to provide evidence and information 504511; allocation of burden of proof by courts 511; burden of proof 510511; insurer may require additional evidence 509; non-compliance, consequence of 507509; proof of loss 510; proof that loss falls within exception 510511; scope of duty 505507
  • insured subject matter: change of environment 394395; changes of use of 393394; due to refitting or any other reason, changes of 395396; geographical area 394; increase of risk 393396; meaning 126; owner, user, or manager, changes of 396; premium return after occurrence of partial loss to 191
  • insurer: meaning 126, 733734
  • insurer's duty not to mislead insureds 349362; American law 359360; determination of misleading conducts 351353; effective remedies, recommendations for 361362; insurer's pre-contractual liability 356358; legal consequences for misleading conduct 353354; misleading conduct 349353; pre-contractual liability 354358; recommendations for effective remedies 361362; remedies available to grieved insureds 354358; statutory rules for misleading conduct 350351
  • insurer's duty of good faith 362383; Consumer Duty 2022 367368; criminal offence for insurer's pre-contractual misrepresentation 370; ICOBS 365367; implied term rule 371; pre-contractual duties in Australian law 372376, 381383; pre-contractual duties in English law 362371, 381383; pre-contractual duties in German law 380383; pre-contractual duties in New Zealand law 376379, 381383; pre-contractual duty of disclosure at common law 363365; regulatory and statutory requirements on insurer's pre-contractual duties 365371; routes for redress for insurer's breach of FCA rule 368370
  • insurer's duty to clearly explain exemption clauses 318349; see also exemption clauses
  • insurer's duty to explain content of contracts: consequence of breach 317318; justification of 315316; nature of 315316; way of performing 316317
  • insurer's duty to pay valid claims in timely manner 517523; decision within 30 days 517519; payment within 10 days after agreement on amount of loss 521; preliminary payment within 60 days of receipt of claim documents 521523; rejection notice within three days after determination of claim 519520
  • insurer's pre-contractual duty of good faith 314384; explain content of contracts 315318
  • insurers’ questions 256261
  • insurers’ right to rely on defences under insurance contract 857859; Chinese position 858; comparative analysis 858859; recommendations 859
  • insurer's subrogation rights in co-insurance, restrictions on 636649; English law 642648; judicial decision 637642
  • Internet insurance 99109
  • ISRA see Insurance Supervisory and Regulatory Authority (ISRA)
  • joint liability contributions 438439
  • judicial mediation 11221125
  • judicial system 3133
  • labour relationship 874876
  • late payment under English law 534546; insurer's obligation to hold the insured harmless 535537; judicial decisions on s. 13A of the Insurance Act 2015 542546; other routes to redress 541542; reform of current law 537539; s. 13A of the Insurance Act 2015 539541
  • legal compensation rights 120
  • legal elements for validity of insurance contract 151152
  • legal expenses 872
  • legislative system 3031
  • liability insurance 700, 822888; advocated by statutes 824; compulsory 823824; conditional rights of third party's direct action against insurer 851856; directors’ and officers’ see directors’ and officers’ liability insurance; double insurance in 428429; employers’ see employers’ liability insurance; insurer's direct payment to third party 842843; insurer's liability for other costs 859860; insurer's liability to insured 832834; insurer's obligation for insured's joint and several liability for joint tort 844845; insurer's right of participation 860861; insurers’ right to rely on defences under insurance contract 857859; judicial rules 828829; limitation period for insured to sue insurer 862863; limitation period for third party to sue insurer 863864; “occurrence” or “claim made” 825827; prior discharge of insured's liability to third party 839842; product 877878; professional see professional liability insurance; public 881; reform of Insurance Law on third parties’ rights 856857; settlement agreements 835839; statutory rules 827828; third party liability 829832; third party's right to claim indemnity payments directly from insurer 846849; types 823827; unconditional rights of third party's direct action against insurer 850851; voluntary 824825
  • life insurance 732, 1097; assignment of policies 813815; Australian law on insurable interest 232; beneficiaries 734, 777781; change of beneficiary 781783; consent as condition precedent 749755; consent for designation of beneficiaries 779780; consent where proposer rescinds contract 798799; consequences where no insurable interest 237240; cooling-off period 744; crime 805811; designation of beneficiaries where employer insures employees 780781; designation of beneficiaries where life insured is a person with no or limited capacity for civil conduct 781; designation of beneficiary 778779; disclosure for reinstatement 772773; disposal of insurance money as life insured's estate see disposal of insurance money as life insured's estate; duty of disclosure 735739; duty of explanation of policy terms 739740; formation of contract 740744; fraudulent claims 570571; good faith 735740; incontestability clauses 738739; insertion of beneficiary's name into policy 783787; insurable interest 734735; insurer 733734; life insured 734; limit on insured amount 232234; loss between application and acceptance 742744; material information 735737; medical examination 737738; murder of life insured by beneficiary 801803; parties 733734; pre-existing illness in 580582; prohibition on person without capacity for civil acts 811812; proposer 734; refund of cash value of policy 797798; reinstatement see reinstatement of life insurance contract; SPC's rules for reinstatement 767772; special steps for formation of contract 740742; subrogation and 817821; suicide 803805; suspension 765767; time when insurable interest must exist 234236; transfer of beneficiary right 816; waiting period 744749; whether beneficiary should possess insurable interest in life insured 799801
  • life insured: meaning 734
  • limitation period: for insured to sue insurer 862863; making of a claim 512515; subrogation 671674; for third party to sue insurer 863864
  • linked arbitration-mediation scheme 11181120
  • linked litigation-mediation scheme (LLMS): advantages of 11311133
  • improvement of 1134; for insurance disputes resolution 11251126; platform of 11261127; procedure of 11271129; unique features of 1133
  • loss mitigation 484495; consequences of failure to comply with duty 486489; expenses sustained as result of 492493; necessary and reasonable expense's incurred by insured 489492; reasonableness of measures 486; statutory and contractual duty 484486; uninsured loss sustained as result of 494; uninsured personal injury suffered as result of 494495
  • loss of work ability expenses 871872
  • making of a claim 497515; fraudulent claims 552; insured's duty to notify happening of insured event 498504; insured's duty to provide evidence and information 505511; limitation period 512515; practical procedures 511512
  • marine insurance 67, 9691032, 1097; abandonment 10151020 actual total loss 10151017; art. 261 of CMC 2025 995996; assignment and insurable interest 1025; assignment of policy 10221026; assignment of vessel 1026; constructive total loss 10171020; contract, rescission 695696; double insurance in 10271029; duty to indemnity insured in a timely manner 974975; duty to pay loss caused by general average 977979; duty to pay other expenses payable 976977; duty to pay the insured amount 975976; exclusion of insurer's liability 979980; formation of contract 972974; impact of Insurable Interest Bill 2018 (UK) on insurable interest 1003; indemnity and abandonment 1015; insurable interest 9981005; insurable interest at time of loss 9991002; Insurance Act 2015 (UK) 987990, 996998; insurer's pre-contractual duty of making an explanation to insured 990991; limitation period for actions 10101015; lost or not lost policy 10041005
  • meaning of insurable interest 10021003; nature of 971972; obligations and liabilities of insurer 974979; obligations of insured 980; remedies for breach of duty of disclosure 985987; remedies for breach of warranty 993995; subrogation in 10051010; test of materiality 984985; utmost good faith 981991; value of the subject matter 10201022; voluntary disclosure in 251; warehouse to warehouse clause 10291032; warranty in 991998; way of performance 981984
  • market access, for insurance agents 10501051
  • material facts 275277; moral hazards 276277; physical hazards 276
  • materiality: Australian law 274275; English law 273274; increase of risk 390401; prudent insurer decisive influence test 271272; prudent insurer mere influence test 272273
  • mediation 11201134; agreements see mediation agreements; insurance industry 11211122; judicial 11221125
  • mediation agreements 11291130; judicial confirmation of 11301131
  • medical expenses 871
  • medical treatment insurance 427428
  • misconduct of insurers and employers: prohibition of 97
  • misrepresentation 305308; insurer's pre-contractual, criminal offence for 370
  • modification of contracts 676698; changing beneficiaries 678; changing insured 678; conditions 676678; contents which may be modified 678679; legal effect 679; parties which can be changed 678
  • moral hazards 276277
  • motor vehicle insurance 889935; advance of rescue costs 910; claims 911913; compulsory 894895, 909914; compulsory motor insurers 892893; contents of proposal form 908909; determination of damages 902904; exemptions 910; Insurance Law 914915; insured persons, scope of 895897; insured's pre-contractual duty of disclosure 904907; insurer's pre-contractual duty to explain content of contract 907908; legal framework 890892; liability covered 909; limits of amount covered 897898; non-compulsory commercial insurance 924933; obligations of the insured 910911; premium 900902; problem and solution in respect of the third parties’ rights 917918; procedural rights of third parties against insurers 915917; 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 918924; rules of the Insurance Association of China 917; third party rights against insurers 914918; third party victims, scope of 898900; transfer and rescission of contract 913914
  • motor vehicles, definition 893894
  • motor vehicle third-party liability insurance 927930
  • National Financial Regulatory Administration (NFRA) 44; local offices (branches) 50; mandates 5052; organisational structure 4849
  • National People's Congress (NPC): statutory regulation 45
  • NFRA see National Financial Regulatory Administration (NFRA)
  • non-compulsory commercial insurance 924933; additional covers 931933; damage to motor vehicles 925927; liability for persons on board insured vehicles 930931; motor vehicle third-party liability insurance 927930; theft of the vehicle 931
  • non-marine insurance 67
  • non-proportional reinsurance 947
  • NPC see National People's Congress (NPC)
  • observation period see waiting period
  • “occurrence” or “claim made” liability insurance 825827
  • offer made by insurers 135136
  • online formation of insurance contract 136142; contract concluded under insurance card transaction 139141; determination of proposer in insurance card 142; direct insurance business transaction 137; self-service insurance card transaction 138139; whether card returnable 141
  • onus of proof of clear explanation: exemption clauses 344349; witness testimony 347348; written proof 344347
  • oral inquiry: duty of disclosure 255
  • overseas arbitral awards: in China, enforcement of 11171118
  • overseas investment with insurance funds: administration 9093
  • People's Insurance Company of China (the PICC): insurance business, reopening of 1517; monopoly of insurance market, broken up of 17
  • personal accident insurance 427428
  • personal insurance 56; definition 731732; insurance interest in see insurance interest, in personal insurance; market 23; premium payment 812813; types 732733
  • physical hazards 276
  • PICC see People's Insurance Company of China (the PICC)
  • premium 181193; cannot be demanded by legal action in life insurance 189; circumstances under which not returnable 192; circumstances under which returnable 190192; grace of payment 186187; grossly negligent non-disclosure 191; late or non-payment 165; meaning 181; misrepresentation 191; mode for payment 183184; modification during insurance period 189190; motor vehicle insurance 900902; payment 181186; payment and reinstatement of life policy 187188; payment as condition of effectiveness of contract 186; pension insurance 812813; person to whom paid 183; rate for professional liability insurance 880; return of 190192; trading habit for payment 184185; when payable 185186
  • privity of contract: reassurance, and 948950
  • probation clause: health insurance policy, in 325
  • probation period see waiting period
  • product liability insurance 877878
  • professional liability insurance: indemnity payment under the policy 880881; insurance coverage 879; legal basis for 879880; premium rate for 880
  • prohibited conducts: insurance intermediaries 10401041
  • property insurance 56, 699730; age of property 703; assignment of subject matter see assignment of subject matter of property insurance; condition of insured property 702703; credit 700701; explanation of policy 703; insurable interest 701; insured's duties 724726; insured's duty to prevent and mitigate insured loss 725726; insurer's right of subrogation 728; liability 700; location of insured property 702; material facts 701703; notification of increase of risk 724725; property loss and damage 700; proposal form 148; right to damaged property 728; risks covered 728729; risks excluded 728729; surety bond 701; types 700701; unvalued policies 726728; use of insured property 703; valued policies 726728
  • property safety rights 120
  • proportional reinsurance 945946
  • proposer: meaning 126, 734
  • pro rata liability contribution 436438
  • protection of insurance consumers: handling of consumers’ complaints 116117; information security rights 121; insurance protection fund 109115; legal compensation rights 120; management requirements 117118; property safety rights 120; regulatory rules 117121; right to choose 119; right to education 120121; right to fair trade 119120; right to know 119; right to respect 120121; take-over of insurance companies by ISRA 115116; working mechanisms 117118
  • proximate cause see causation
  • prudent insurer decisive influence test 271272
  • prudent insurer mere influence test 7, 272273
  • public liability insurance 881
  • punishment of insurance fraud, judicial decisions to 576586; defraud insurance money 577582; exaggeration of extent of loss 583584; fabricate insurance subject matter 578582; guidelines for imposition of civil liability or criminal punishment for fraud 582583; intentionally causing the death, disability, or illness of life insured 585586; intentionally causing the occurrence of an accident 585; making up false cause of occurrence of insured event 583584; occurrence of an insured event, inventing 584585
  • quota share reinsurance 946
  • RAFFIC see Regulation on Administration of Foreign-Funded Insurance Companies (RAFFIC)
  • rateable proportion clauses: double insurance, and 439441
  • ratification 10361037
  • reasonable insured test 340342
  • regulation of conduct of insurance companies: insurance operations 9596; misconduct of insurers and employees, prohibition of 97; sales 96
  • regulation of corporate governance: directors 6366; evaluation 6970; senior officers 6366; structure 6669; supervisors 6366
  • regulation of insurance 45124; 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 121123
  • regulation of insurance business 5998; Administration of the Solvency of Insurance Companies 2021 8384; channels for use of insurance funds 8687; claims 9798; clauses and premium rates 7173; conduct of insurance companies 9598; C-ROSS 8183; examination, approval and filing of products 7475; first generation of solvency regulation system 8081; information disclosure of new products 7980; insurance asset management companies, administration of 9395; insurance fund utilisation, scope of 8788; insurance products 7480; insurance-related enterprises 8990; overseas investment with insurance funds, administration of 9093; scope 7080; solvency 8085; specific insurance products 7579; use of insurance funds 8595
  • regulation of insurance group companies: Measures for the Consolidated Supervision and Administration of Insurance Group Companies 2021 (the Measures 2021) 5960; Measures for the Consolidated Supervision and Administration of Insurance Groups 2025 (the Measures 2025) 6063
  • regulation of insurance intermediaries 9899
  • regulation of Internet insurance: business requirements 101102; definitions 99101; general requirements 99101; sales management 102107; service management 107109
  • regulation on establishment of insurance companies 5259; dissolution of insurance company 5859; domestic branch 5456; foreign-funded insurance companies 5658; overseas branch 5354; requirements for establishment 5253
  • regulatory exemption clauses 321323
  • reinstatement of life insurance contract 755777; automatic reinstatement model 763764; disclosure 772773; insurability model 762; Insurance Law 765767; model of consent by the insurer 765; reform of Insurance Law 773777; relaxed insurability model 762763; representation 772773; SPC Interpretations III 2015 767772; special features and justification 756759
  • reinsurance 7, 936968; China's market 937939; co-insurance, and 958961; contents of contract 951952; definitions 940; exceptions to doctrine of privity of contract 950951; facultative 944945; functions 942943; good faith 963964; incorporating of terms from original contract 955956; insurable interest 961962; legal framework 939940; nature of contract 940942; non-proportional 947; parties 947948; principles in making 961965; privity of contract, and 948950; proportional 945946; quota share 946; regulations on claim management 966967; regulations on confidentiality 966; regulations on reinsurance brokers 967968; regulations on retention of business 965966; rights and liabilities of parties 956957; scope of business 957958; standard clauses 952955; subrogation 964965; surplus 946; treaty 944; types 943947
  • remedies for breach of the duty: amendment of law, recommendations for 288289; causation 284285; deficiencies of law 287288; intentional or grossly negligent breach of duty, determination of 280284; pre-rescission losses and premium paid 279; rescission of contract a condition precedent for refusing claims 285287; right to rescind the contract 277278
  • representations 247313
  • rescission of contracts 676698; after insured event has occurred 687; after partial loss of the property 687689; age of life insured wrongly declared 690; agreement between parties 679; agreement or reinstatement of suspended policy not reached 692693; beneficiary, by 683684; cargo transportation insurance 696697; circumstances under which insurer entitled 689695; compulsory motor vehicle insurance 697; consent for rescission 697698; consent of others see consent for rescission; contracts which cannot be rescinded 696697; cooling-off period, during 686; duty of disclosure, and 277278, 285287; fraudulent claims 690; insured failing to perform duty in loss prevention 691692; insured risk increasing during contract 690691; life insured, by 683684; marine insurance contract 695696; pension policy made for benefit of another person 684686; proposer, by 679680; proposer failing to perform duty of good faith 689; return of cash value 686; right specified in policy 693695; time bars on right 297311
  • result-based deception offence, under Theft Act 1968 589
  • return of premium 190192; after occurrence of partial loss to insured subject matter 191; double insurance 441442; 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 191192; rescission of contract in case of increase of risk during insurance period 191192; 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 120121; to fair trade 119120; information security 121; of insurance intermediaries 1038; to know 119; legal compensation 120; property safety 120; to rescind the contract 277278; of rescission of the contracts, time-bars on insurers’ 297311; to respect 120121
  • risk 384417; increase of see increase of risk
  • risk prevention 477484; consequences of failure to comply with duty 481484; insurer's right to increase premium or rescind contract 483484; insurer's right to inspect safety status of subject matter 479480; insurer's right to take preventative measures 480; repudiation of insurer's liability 481483; statutory and contractual duty 477479
  • roads, definition 894
  • Road Traffic Accident Social Relief Fund 918924; administration 921; financial sources 920921; function 919920; procedure for advancing funds 921922; use of 922924
  • sales: management 102107; regulation 96
  • salespersons: regulation 9697
  • self-regulatory institutions 121123
  • self-service insurance card transaction 138139; exemption clauses 332333
  • senior management personnel qualification 1050
  • service management 107109
  • settlement agreements: between insured and insurer 838839; between insured and third party without consent of insurers 837838; between insurer and third party 838839; liability insurance 835839; with Linked Litigation-Mediation Scheme 836837; with mediation of People's Mediation Committee 835836
  • settlement of claims 516547; compensatory damages for late payment see compensatory damages for late payment; duty to pay valid claims in timely manner 517523
  • short-term policy 149
  • solvency of insurance companies 2425
  • State Council, administrative regulation by: Agricultural Insurance Regulation 3839; Deposit Insurance Regulation 4041; Regulation on Administration of Foreign-Funded Insurance Companies 3940; Regulation on Compulsory Motor Vehicle Traffic Accident Liability Insurance 38
  • statutory exemption clauses 321323
  • statutory regulatory authority 4647
  • subrogation 600675; application 602605; arbitration for disputes arising from 11141116; assignment, and 616624; based on third party's tortious or contractual liabilities 607609; communal economic interest with the insured 631632; confusion with assignment in Insurance Law 618624; contractual duties versus statutory duties 663664; determination of jurisdiction for action 668671; distribution of recoveries 624627; independent economic interest with the insured 632634; Insurance Law 606; insured cannot make profit 616; insured’ duties under see insured's duties under subrogation; insured's family members 627629; insured's staff members 629631; insurer's rights against third party 609614; 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 666667; legal framework in China 605607; life insurance, and 817821; limitation period 671674; marine insurance, in see subrogation, in marine insurance; marine insurance laws 606607; meaning 600; nature of 600601; against the non-motor vehicle driver 634636; origins 601602; persons immune from action 627636; against a proposer who is not the insured 614615; reinsurance 964965; in reinsurance 667668; SPC Interpretations IV 2018 607; suggestions for amendment of art 62 Insurance Law 649650
  • subrogation, in marine insurance 10051010 judicial practice 10091010 Maritime Code 2025 1006; SPC Interpretations 2003 1007; SPC Stipulations 2006 10071008
  • Special Maritime Procedure Law 1999 10061007
  • subrogation rights against third party 609614; amount for insurer to recover 611612; control of proceedings 614; insured must be indemnified 611; loss caused by negligent third party 610611; whose name used in proceedings 612613
  • suicide: life insurance, and 803805
  • surety bond insurance 701
  • surplus reinsurance 946
  • suspension of life insurance contract 765767
  • take-over of insurance companies: ISRA, by 115116
  • temporary policy 149
  • termination: of agency 10421043 of insurance contract, for fraudulent claims 569570
  • terms of contracts 164180; construction see construction of terms; required by law 165; types 164
  • theft of the vehicle 931
  • theory of construction of the underlying contract 644648
  • third-party insurance 45
  • third-party liability 829832
  • 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 846848; 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 8595
  • utmost good faith, in marine insurance 981991; impact of Insurance Act 2015 provisions in CMC 2025 987990; insurer's pre-contractual duty of making an explanation to insured 990991; remedies for breach of duty of disclosure 985987; test of materiality 984985; way of performance 981984
  • voluntary disclosure, in marine insurance 251
  • voluntary liability insurance 824825
  • waiting period 744749; after effective date of insurance contract 745747; after reinstatement of suspended insurance policies 747749
  • warehouse to warehouse clause 10291032
  • warranties: Chinese law 172173; English law 167171; marine insurance, in see warranties, in marine insurance
  • warranties, in marine insurance 991998; art. 261 of CMC 2025 995996; Insurance Act 2015 996998; nature of 992; remedies for breach of warranty in CMC 2025 993995
  • work-related injury insurance 866870; circumstances 868; determination 867868; employers’ liability 870; fund 866867; payment, scope of 869870; work ability assessment 868869
  • written inquiry: duty of disclosure 255

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