A Study on Insurance Fraud Prevention Rules-Focus on Contigency Insurance

• Main Authors: Chen, XuanYu, 陳炫宇
• Other Authors: 羅俊瑋
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/59615894221240808475

碩士 === 國立中正大學 === 法律學研究所 === 101 === There can not be avoided the discussion of insurance fraud since insurance system began. Rather, the formulation and revision of the insurance laws and regulations usually greatly associated with insurance fraud. In the case of rapid social change, whether Taiwan Insurance Law is sufficient to guard against insurance fraud occurs or not. That is what we want to discuss. There are various insurance fraud types in Taiwan insurance contract, and according the insurance contract process, we can divided into two stages: pre-contract stge and post-contract stge. At pre-contract stge, insured may fraudulent misrepresent, and pass through incontest period which Insurance Law § 64(3) was regulated. Insured or beneficiary could get unjust benefit. At post-contract stge, the insured may take out several hospital medical insurances. This would increase the probability of insurance fraud occurrance. For another, when insurance accident occurred, the insured may falsely misrepresent about his loss. In this situation, Taiwan Insurance Law didn't stipulate the regulation about fraudulent claim. This showed that Taiwan Insurance Law couldn't response to social change, and there's necessary to re-examine it. Recently, the major countries started to revise its Insurance Code, and the revision was according to current social situation of its country. For example, United Kingdom enacted Consumer (Disclosure and Misrepresentation) Insurance Act at 2012, which was partially replaced Marine Insurance Act 1906.Before the act was enacted, Marine Insurance Act 1906 applicated to all type of insurance contract. And in 2006, German modified its Insurance Contract Law greatly. In 2008, Japan enacted the Insurance Code to replace the regulation in Commercial Code Insurance Chapter. This article will consult the latest legislation of U.K. and Japan, trying to introduce the the relevant legislative system to prevent the occurrence of insurance fraud.