TY - JOUR

T1 - The Insured's Post-Contract Duty of Notification of Increase of Risk

T2 - A Comparative Perspective

AU - Jing, Zhen

PY - 2013/2/21

Y1 - 2013/2/21

N2 - 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.

AB - 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.

M3 - Article

SP - 842

EP - 867

JO - Journal of Business Law

JF - Journal of Business Law

SN - 0021-9460

IS - 8

ER -