临时保险制度:赔付理由、期间及其限制

Temporary insurance system:reasons,time period and restrictions for claim payment

我国《保险法》未规定临时保险制度,本文建议,我国的临时保险制度应当分为强制临时保险与自愿临时保险两种,在保险人预收保险费的情况下,根据履行提前、对价平衡、合理期待等理论,保险人应当对临时保险事故予以赔付,此种临时保险的期间自投保人交付保险费之时起算,于正式保险生效之时或投保人收到拒保通知书并由保险人退还保险费之时终止;在保险人未预收保险费的情况下,保险人可以自愿提供临时保险,其保障期间由临时保险合同约定。但是,在保险合同无效、保险人行使法定解除权,或者出现正式保险中的免责事由时,保险人可以拒绝承担临时保险的责任。

Since the Chinese Insurance Law doesn＇t stipulate on temporary insurance ,the paper suggested that China should establish two types of temporary insurance, namely mandatory temporary insurance and voluntary temporary insurance. On condition that the insurer has received in advance the required premiums, it should make payout for insured events covered in the temporary insurance according to the theory of accelerated obligation fulfillment, consideration and balance principle, and reasonable expectation theory. The term of such temporary insurance commences from the time the applicant pays the required premiums, and stops at the time the formal insurance contract takes effect or when the applicant receives the notice of rejection and returned premiums from the insurance company. In case that the insurance company doesn＇t receive advance premiums ,the insurer can offer to provide temporary insurance voluntarily and the term of insurance is stipulated in the temporary insurance contract. But in case the insurance contact is ineffective and the insurers has executed its legal right to rescind the contract or an excluded event in the formal insurance contract takes place,the insurer can refuse to fulfill its liabilities under the temporary insurance contract.