The insurer’s primary obligation to pay valid claims in a timely manner
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Documents
- 2015 Insurers primary obligation
Accepted author manuscript, 325 KB, PDF document
Links
- http://tinyurl.com/hnwsu9s
Final published version
This article considers the English and Chinese laws relating to the insurer’s primary obligation and the consequences for non-performance of the obligation. English law characterises an insurer’s primary obligation as a duty to "hold the insured harmless" against the insured event and there is no damage for late payment of insurance claims. Chinese law requires the insurer to pay valid claims in a timely manner and also sets out time-limits for an insurer to assess and pay claims. The strengths in setting out such time-limits and the difficulties without such time-limits are discussed. This article also considers how Chinese courts interpret and apply these time-limits. Finally, suggestions are made on further improvement of Chinese law and of the Law Commissions’ recommendation that insurers should have an obligation to pay valid claims "within a reasonable time".
Keywords
- China; Claims handling; Comparative law; Damages; Insurance claims; Law Commission; Payment; Time limits
Original language | English |
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Article number | 4 |
Pages (from-to) | 37-67 |
Number of pages | 31 |
Journal | Journal of Business Law |
Issue number | 1 |
Publication status | Published - 2015 |
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