A Study of Duty of Disclosure in Insurance Law: Focus on the Status of Insured in Litigation

• Main Authors: Chuang, Wei-Jhih, 莊惟芝
• Other Authors: Chen, Chun-Yuan
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/vyp288

碩士 === 國立交通大學 === 科技法律研究所 === 104 === The regulation of the misrepresentation (Section 64) in Insurance Law in Taiwan had been modified for only five times since 1929. However, during the past 80 years, the background of the society and the relationship between the insurer and the insured has been changed rapidly. Therefore, it’s time to rethink that whether the regulation is still suitable today? There’s lots of article discussing on these topics, including whether the law overcompensates the insurer? Whether the law can provide the insured enough incentive to avoid making a misrepresentation? This article will emphasis on the issues above and focus on the status of the insured in litigation. Besides, this article aim to provide a role model for legislators: a regulation which could provide the insured enough protection, in the meanwhile, avoid hurting the insurer‘s business judgement decision. Last but not least, this article will try to deal with the issues above with empirical methods as well as law and economic analyst. Although transaction cost might not be totally eliminated, we still can find a way which is relatively efficient and fair. Besides, this way could meet the requirement and expectation of the society as well.