Study on the Non-Defense Clause from the Perspective of Insurance Law
In mid-19th century of Europe,various industries flourished,and the insurance industry was one of them.As insurance business increases,the incidence of insurance claims disputes also increases.Due to the strict adherence to the principle of consistency in the insurance industry at that time,many insurers,especially life insurers,abused their right of defense in insurance contracts to terminate them,and were even jokingly referred to as"great chargers",causing the industry to face a crisis of trust.In order to ease the conflict,some insurers at that time inserted non defensible clauses as agreed clauses in the contract,which was the prototype of non defensible clauses.Article 16 of Chapter 2 of the current Insurance Law of our country also stipulates that the insurer shall be liable for compensation or payment of insurance benefits within a period of thirty days from the date of the occurrence of subjective reasons and two years from the date of the occurrence of objective reasons.If an undeniable effect occurs during this period,the insurer shall bear the responsibility for compensation or payment of insurance benefits.The rationality and feasibility of this provision have been a focus of academic debate since its publication and implementation.From the perspective of the Civil Code and Insurance Law,research,exploration,and improvement of non-defensible clauses are conducted to provide reference for the application and modification of non-defensible clauses in the future.
Non-defensible clausesRight of defenseObligation to discloseInsurer
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