Abstract

Info

Title:: Improvement of the Insurers' Obligations to Provide Information in the Context of the Civil Code

Keywords:: The Civil Code; insurers' obligations to provide information; significant interests; preliminary burden of proof in respect of its obligations of providing information

Abstract:: The Insurance Law takes the exemption clauses of the format contract as a standard for the extent of the insurers' obligations to provide information, which is logically flawed and has led to disputes and confusion in practice. In the rules for setting out clauses of the format contract, the Civil Code expands the scope of the clause providers' obligations to give prompts and explanations. Drawing on the idea behind this and taking into consideration the characteristics of insurance contracts, we consider it more reasonable to put into place a multi-level insurer information provision obligation system based on the importance of clauses, the possibility of information acquisition, and the balance of interests. Alongside the effort to expand the scope of the insurers' obligations to provide information, the standard of proof for fulfilling the insurers' obligations should also be lowered. An insurer provides a statement signed or excerpted by the policyholder that contains the insurer's obligations to be fulfilled, which can be deemed as the initial burden of proof that the insurer has fulfilled the obligations to provide information.