Misleading Conduct by Insurers in Sales of Insurance Policies in China

This paper considers the insurers’ pre-contractual misleading conduct and the legal consequences for such misconduct under the Insurance Law, examines possible private right of action available to the insureds in the case of the insurers’ misleading misrepresentation and intentional concealment of material information under the Chinese Contract Law, and puts forward recommendations, with reference to approaches in some states of the US, for effective remedies to the insureds where the insurers’ misleading misrepresentation or intentional concealment of material information has induced him to enter into the insurance contract