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Interpretations of the Supreme People’s Court on Some Issues Concerning the Application of the Insurance Law of the People’s Republic of China (I)
Promulgation Date:2009-09-21  Promulgation Number:  Promulgation Department:The Supreme People’s Court

The Announcement of the Supreme People’s Court of the People’s Republic of China

 

The Interpretations of the Supreme People’s Court on Some Issues Concerning the Application of the Insurance Law of the People’s Republic of China (I), which was adopted at the 1473rd meeting of the Judicial Committee of the Supreme People’s Court on Sep.14, 2009, is hereby promulgated and shall enter into force on Oct.1, 2009.

The Supreme People’s Court

Sep.21, 2009

 

Interpretations of the Supreme People’s Court on Some Issues Concerning the Application of the Insurance Law of the People’s Republic of China (I)

(Adopted at the 1473rd meeting of the Judicial Committee of the Supreme People’s Court on Sep.14, 2009)

 

For the purpose of making just trial of cases related to insurance contracts and fully protecting the legitimate rights and interests of parties concerned, some issues concerning the application of the Insurance Law of the People’s Republic of China (hereinafter referred to as insurance law) amended at the 7th session of the 11th NPC Standing Committee on Feb.28, 2009 by people’s courts are provided as follows:

Article 1   Any dispute arising from or out of any insurance contract that executed after implementation of the Insurance Law is applicable to the provisions of the Insurance Law. Except as otherwise stipulated herein, any dispute arising from or out of any insurance contract that executed before implementation of the Insurance Law shall be applicable to the provisions of laws then. If there is no relevant provision provided in the then laws, the relevant provisions of the applicable Insurance Law may be referred to.

  Execution of whether an insurance contract is valid shall be applicable to the laws at the time when the contract was made.

Article 2   Any insurance contract executed before the implementation of the Insurance Law, which may be found invalid according to the then laws while valid according to the Insurance Law, shall be applicable to the provisions of the Insurance Law.

Article 3   If an insurance contract was executed before the implementation of the Insurance Law while behaviors or events including transfer of insurance object, insurance accident, claim settlement and subrogation occurred after implementation of the Insurance Law, the insurance contract is applicable to the provisions of the Insurance Law.

Article 4   If an insurance contract was executed before implementation of the Insurance Law, while the insurer claims cancellation of the contract after implementation of the said law due to the reasons such as failure of the insured to perform his/her obligation of telling truth or the insured’s misstatement of his/her age, the insurance contract is applicable to the provisions of the Insurance Law.

Article 5   For any insurance contract executed before implementation of the Insurance Law, the period in any of the following situations shall be calculated as follows:

(1)    If the insurer received the claim for compensation or payment of insurance money before implementation of the Insurance Law, after implementation of the said law, the applicable period shall be 30 days as prescribed in Article 23 of the Insurance Law.

(2)    If the insurer knew the causes for cancellation before the implementation of the Insurance Law and exercises its right of cancellation in accordance with Article 16 and 32 after implementation of the said law, the applicable period shall be 30 days as prescribed in Article 16 of the Insurance Law;

(3)    If the insurer claims cancellation of contract in accordance with Paragraph 2 of Article 16 of the Insurance Law After its implementation, the applicable period shall be two years as prescribed in Article 2 of the Insurance Law; and

(4)    If the insurer received the notice of transfer of insurance object before implementation of the Insurance Law, and asks for increase of premium or cancellation of contract as agreed in the contract with reasons of considerable increase of risk degrees due to transfer of insurance object after implementation of the said law, the applicable period shall be 30 days as stipulated in Article 49 of the Insurance Law.

Article 6   For any case that received final instance before implementation of the Insurance Law while the parties concerned apply for retrial or any case that is retried according to the trial supervision procedure, the provisions of the Insurance Law are inapplicable.

 

 

 

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