The essence of insurance law of the United States

Recently read the journal of the American academy of fine interpretation of insurance law, the book introduces the origin of insurance law, the basic principle of insurance claims, conclude a contract, take effect, the rights and obligations of the parties, each paper has states, the court of appeal in phase locked case with detailed analysis, give a person with intuitive and profound understanding, case law of Anglo-American law system and continental law system of legal interpretation of the statutes of the case analysis, have very big different, personally, can best embody the case law of Anglo-American law system about human anatomy, legislative field with consummate technique and charm, "insurance law".

The book on the contract, the effect of related problems, binder, policy service, causality (recency), waiver and estoppel related problems caused by the common disputes, grace period is with our country "insurance law" regulation, precedent and theory is different, but the difference is not big, the book describes the "claim of false oath" is not in our country "insurance law" regulation, the legal liability caused by also with our country "insurance law" the legislation original intention is different.

Many U.S. policy regulation, if the insured deliberately concealing important facts related to the loss, or did not disclose significant fact, the policy from the beginning is invalid.Filing a false oath to prove material can be used as the underwriter claim rejection reason.(above) reference book sworn evidence refers to the insurant, the insured to the insurer, court and the jury commitment, guarantee to provide the evidence for the claim of authenticity, validity bear legal responsibility.A U.S. appeals court said: "in the claims investigation phase, the importance of false statements are not see the truth of the outcome, in the future for the purpose of the insured submitted to take depositions is to allow insurance companies to obtain relevant knowledge or information, so as to further investigation, these knowledge or information can also help the company identify the insured liability, as well as the decision should be how to deal with the claim, therefore, as long as the false statement about research progress of the underwriter, can be concluded that it is of great significance."(the above) reference book to understand from the time period, "claims of a false oath" and when the insured is not truthfully inform is not the same, can be understood as a claims not truthfully inform, of course, deliberately submitted false oath documents constitute fraud, and has no intention of or due to the parties' understanding level, belong to negligence.In order to avoid deliberately fraud and negligence, some states went cloth prevent technology rejecting claims act, regulation: "only when the trial can prove fraud by the insured to fraud, the underwriter is misguided.

Insurance contract is a contract of utmost good faith, should truthfully inform through insurance, be or get out of danger, claims the whole process, at present our country "insurance law" only the insured's not truthfully inform regulations is relatively detailed, to manage compensate phase not truthfully inform should bear the legal responsibility seems less attention.Insurance companies in the United States and the court case about the practice of "false oath in claim", provisions in insurance industry, insurance law of China has important reference.