Chinese Insurance Contracts: Law and Practice was the first systematic text written in English, offering a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. Thoroughly revised and updated to reflect the many developments within both professional and research environments since its original publication, this second edition also features two new chapters for understanding the law relating to insurance intermediaries and the mechanisms of insurance dispute resolution. The book provides a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined, and it presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice are identified and analysed; suggestions and recommendations on how to reform the law are presented. Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. Pertinent cases are used to illustrate the difficulties which can arise in applying the principles in practice. This book is essential reading for insurance companies and legal practitioners looking to do business in China, as well as a vital reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.
Chinese Insurance Contracts: Law and Practice was the first systematic text written in English, offering a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. This second edition has been thoroughly revised and updated to reflect the many developments since its original publication.
1. Introduction to insurance and Chinas insurance industry
2. The
Chinese legal system and the Insurance Law
3. The regulation of insurance
4.
Formation of an insurance contract
5. Terms of contracts and construction of
the terms
6. Premiums
7. Insurable interest
8. The insureds duty of
disclosure and representations
9. The insurers pre-contractual duty of good
faith
10. Increase of risk during the insurance period
11. Double insurance
and contribution
12. Causation
13. Risk prevention and loss mitigation
14.
The making of a claim
15. Settlement of claims
16. Fraudulent insurance
claims
17. Subrogation
18. Modification and rescission of insurance contracts
19. Property insurance
20. Life and accident insurance
21. Liability
insurance
22. Motor vehicle insurance
23. Reinsurance
24. Marine insurance
25. Insurance intermediaries
26. Insurance disputes resolution Appendix 1:
The Insurance Law of the Peoples Republic of China Appendix 2: The Maritime
Code of the Peoples Republic of China
Zhen Jing is Professor and Chair in International Commercial Law at the Institute of International Law within the School of Law at Wuhan University, China, Professor Emeritus of Law at the School of Law, Bangor University, and Visiting Professor at the School of Law, Reading University. She has taught Insurance Law for more than 20 years in the UK and in China and has practical experience in the Chinese insurance industry. She is also the author of The Regulation of Insurance in China (2021).
