The Study on Duty to Disclose Information in Life Insurance Contracts-Focus Attention on Health Insurance

• Main Authors: HSU,WEN-HUI, 徐雯輝
• Other Authors: Lin,Zhao-Zhi
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/35489k

碩士 === 國立高雄大學 === 法律學系碩士班 === 104 === The Republic of China has promulgated the “Financial Consumers Protection Act” in 2011 thereby incorporating the insurance industry as an integral part of financial services for protection. According to Article 10 of this law, “Before a financial services enterprise enters into a contract with a financial consumer for the provision of financial products or services, it shall fully explain the important aspects of the financial products or services, and of the contact, to the financial consumer, and shall also fully disclose the associated risks.” For the obligation of disclosure, the following warnings was provided in advertising“Please read the offer document carefully before investing.”It’s unrealistic and difficult to achieve reasonable expectation of consumers. An insurance contract is an agreement in good faith in its entirety. The contracting parties of an insurance agreement are obliged to inform each other of the true accounts in good faith so as to reconcile the asymmetry in access to information. Among selling the financial products in the insurance industry, Information provided by the tongues of the insurers and the insurance salesmen (intermediaries) is more attractive than the contractual provision to consumers. So the good faith in their hearts is really the key to insurance business. Financial Consumer Protection Act in the marketing behaviors, Disclosure Obligation controls have gradually constructed entirely. But in practice, the insurance consumers always discovered that the insurance they took was not conforming to their needs at the time of an insurance claim due to the lack of sufficient knowledge of insurance and insurance products by the insurance consumers and the great variety of insurance products. Thus, disputes in different forms emerged. For improving the asymmetric access to information, insurers shall provide disclosure to the insurance consumers as an obligation before selling insurance products and entering into an insurance agreement. This is the theme of this paper. In it, “the obligation of disclosure” will be addressed. Discussions will start from the perspective of contract obligation in the Civil Code to explore the obligation of disclosure of insurers. The relationship of trust between the insurers and the insurance consumers will be explored with an attempt to correct the asymmetry of information. The findings will be proposed as reference for reviewing current legislation for amendment on this issue with the support of the case studies and practices in the legal systems of the foreign.