The Insured's Post-Contract Duty of Notification of Increase of Risk: A Comparative Perspective

The question whether the insured has a duty of notification of increase of risk during the insurance period is a difficult one, different jurisdictions have different answers to this question. This article critically examines the provisions in respect of the insured’s post-contract duty of notification of increase of risk in Chinese Insurance Law, as compared with the approaches in some common law jurisdictions (such as England, Australia, New Zealand and New York) and civil law jurisdictions (such as Germany and Norway). Deficiencies in Chinese law are identified and discussed, and solutions to the problems are proposed.