董事责任保险合同中“重要事实”的判定

The core of the applicant′s duty of disclosure in directors' and officers' liability insurance: the judgment on "material facts"

在签订董事责任保险合同的过程中,对于投保人应当告知的重要事实,应当采用"决定性影响"标准加以判断。但是考虑到董事责任保险合同与一般保险合同的差异,投保人告知的重要事实不仅要包含董事和高级职员的相关信息,还应当包含公司的相关信息。

In the process of concluding directors＇ and officers＇ liability insurance contract, we should use the ＂de- cisive influence＂ standard to judge on the material facts that the policy-holder should disclose. But considering the difference between directors＇ and officers＇ liability insurance contract and common insurance contract, the material facts that the policy-holder should disclose should not only include the information about these directors and of- fleers, but also include the information about the company.