At the invitation of the College of Comparative Law, Professor Jing Zhen from the Law School of Bangor University presented a report on the Utmost Good Faith in Insurance Contract Law: A China and UK Comparative Approach on Xueyuanlu Campus on the afternoon of 22 May, 2019.
This event is the second of the serial celebrating academic salons on the 10th Anniversary of the College of Comparative Law.
Dean of the College Prof. Xie Zhiyong moderated the salon. Prof. Guo Hongbin from the Civil, Commercial and Economic Law School of CUPL, A/Prof. He Qihao from the College, A/Prof. Zhang Junyan from the Finance School of Renmin University of China, Mr. Jiang Yongqing, the Executive Dean of the Financial Technology College of Ant Financial Services Group, and its Office Director Ms. Mao Zhiqi attended the salon.
Xie Zhiyong extended warm welcome to Jing Zhen on behalf of the College at the beginning of the salon. He hoped that this event helps enhancing the academic exchanges and research on insurance related issues.
Later, Jing Zhen provided the audiences with an in-depth analysis on the utmost good faith in insurance contract law. She started with the fundamental principles in the UK insurance contract law, dating back to relevant conception in ancient Roman law to sort the development of the rules out. When it came to the nature and justification of the duty, Jin analyzed specific precedents from a common law angle, and introduced the theoretical basis and concrete manifestation in the Britain’s legislation of the principle including statutes for the duty. She also summarized the development and reform on the principle of utmost good faith by noting the changes of the terms in certain acts from 2006 to 2016 in the UK.
During the discussion session, Guo Hongbin mentioned the problems on translation of Chinese-English of legal validity in insurance contracts and emphasized the subjective and objective requirements in insurers’ disclosure obligation. He Qihao focused on the issues on the insurance contract fraud, intention of insured, the application of incontestable provisions, US insurance law restatement and insurance consumer protection. Zhang Junyan explored insurers’ interpretation obligation in concluding an insurance contract. Jiang Yongqing and Mao Zhiqi talked about the disclosure obligation and relevant problems in claims in online insurance from a practical circle perspective. The participants also exchanged opinions the issues on disputes in conception of consumer in China’s insurance contract law.
During the two-hour discussion, the participants gained a further understanding on the Principle of Utmost Good Faith in the UK law, and also found new approaches to tackle current theoretical and practical problems in China’s insurance law from a comparative law perspective.
