Fraudulent Insurance Claims: A Critical Analysis of Article 27 of the Chinese Insurance Law
Research output: Contribution to journal › Article › peer-review
Electronic versions
Documents
- 2019 Fraudulent insurance claims in China
Accepted author manuscript, 417 KB, PDF document
Licence: CC BY-NC Show licence
A key principle of insurance law is that the insured is under a duty not to make a fraudulent claim, however, fraudulent claims are a serious problem. This article critically examines the provisions relating to fraudulent claims in art.27 of the Insurance Law to see to what extent they reflect the policy of deterring fraudulent claims and at the same time maintaining the needs of justice and fairness to the relevant parties. It is argued that the major drawback in art.27 is its lack of deterrence to fraudulently exaggerated claims. It is suggested that deterrence should be imposed on fraudsters and that the insurer be entitled to reject the entire claim where the fraudulent exaggeration is substantial.
Keywords
- Insurance law, Fraudulent claims
| Original language | English |
|---|---|
| Pages (from-to) | 101-122 |
| Journal | Journal of Business Law |
| Volume | 2 |
| Publication status | Published - Feb 2020 |
Total downloads
No data available