I. Common Criminal Offenses Encountered in Insurance Claims
Common types of criminal conduct seen in insurance claims include fraudulently obtaining indemnity payments, misappropriating surrender or reduction refunds due to policyholders, or under the guise of surety insurance defrauding banks and other financial institutions.
At the application stage, an applicant may fabricate the subject-matter of insurance…
The Reinsurance Registration System (the “System”) was established by the former PRC insurance authority–China Insurance Regulatory Commission, now known as the National Financial Regulatory Administration (NFRA), as an essential financial infrastructure to strengthen supervision over the PRC reinsurance market and enhance regulatory efficiency. Officially launched on January 1, 2016, the System has been…
In the process of dealing with property insurance claims, the understanding and application of “gross negligence” has always been a critical and delicate issue. When searching online for judicial precedents with the keywords “property insurance dispute” and “gross negligence” in Chinese, there are more than 6,000 relevant cases popping out. Therefore, accurately grasping the connotation…
Focusing on Accidental Injury Insurance
Article 25 of the Judicial Interpretation III of the Insurance Law stipulates that “Where it is difficult to determine whether the insured’s losses are caused by a covered event, a non-covered event or a disclaimer, if the parties concerned request that the…
The newly revised Company Law (“New Company Law”) was adopted at the 7th Session of the Standing Committee of the 14th National People’s Congress on December 29, 2023, and has come into effect on July 1, 2024. This article provides a concise analysis of the implications of the New Company Law for corporate governance in…
Core Tip:
The “misleading sales” determined by financial regulatory authorities is not equivalent to “fraud” under civil law. People’s courts should review whether it constitutes “fraud” in accordance with the law, based on the specific circumstances of each case, the elements of fraud, and the standard of proof, rather than merely relying on the conclusion…
The primary objective of insurance law across jurisdictions is to balance the interests of policyholders, insureds, and insurers. However, the inherent complexity and standardization of insurance contracts, often drafted unilaterally by insurers, pose challenges for policyholders who may lack the expertise to fully comprehend their terms.
Insurance contracts are typically contracts of adhesion, where…
Multinational enterprises adeptly allocate insurance resources on a global scale. However, China’s laws and regulations impose restrictions on overseas insurance arrangements, requiring policyholders to navigate regulatory compliance challenges, particularly in insurance and foreign exchange regulation, when selecting coverage for their Chinese subsidiaries. Drawing on practical experience, this article examines the insurance and foreign exchange regulation…
In recent years, the AnJie Broad insurance team has handled several arbitration cases in the United States, the United Kingdom, and other jurisdictions involving reinsurance contract disputes, all of which concerned situations where Chinese companies, acting as reinsurers, assumed risks from overseas. Owing to the technical complexity inherent in international reinsurance business—often compounded by excessively…
In dealing with PRC related insurance disputes, one question is often raised by Chinese court or arbitration institute: what is the insurance agent or the insurance broker? The relationship between the insurance agent, broker, insurer, policyholder, insured and beneficiary always confused the judge and arbitrator. This article will elaborate the concept, function, difference of these…
