不可抗辩条款下寿险公司的承保风险分析

Analysis of the Underwriting Risk for Life Insurance Companies with the Incontestable Clause

2009年《保险法》正式引入不可抗辩条款,进一步保障广大投保方的利益,公众对保险业的信心也随之增强。但鉴于目前我国保险市场仍未完善,恶意投保方、素质低下的保险代理人和核保人员会滥用不可抗辩条款不当得利,使在"宽进"粗放承保模式下的寿险公司面临着剧增的承保风险。为了保证寿险公司经营稳定,更是为了使不可抗辩条款得以正确、有效运用,加强核保管理,建立"三位一体"的承保风险防范体系势在必行。

The insurance law revised in October 2009 introduced the incontestable clause formally. In this way, the insured＇ s interest was further protected, while the public confidence in the insurance industry also in creased. However, the insurance market of our country is still not perfect yet, so the malicious insured, the low quality of insurance agents and irresponsible underwriters may abuse the incontestable clause to seek improper in terests. Consequently, life insurance companies which are in the extensive ＂wide＂ underwriting mode are facing increasing underwriting risks. To ensure that life insurance companies operate in a stable, but also to make the incontestable clause to be used more correctly and effectively, it＇s imperative for us to establish the ＂trinity＂ of underwriting risk prevention system.