Interpretation of "notice" on the strengthening of the CIRC commercial auto insurance management

The China Insurance Regulatory Commission in March 8, 2012 issued "notice" on the strengthening of motor vehicle insurance business premium rate management in the official website, including insurance reform, have a significant impact on the future of insurance claims and litigation.Http://www.circ.gov.cn/tabid/106/InfoID/194826/frtid/3871/Default.aspx

 

One, vehicle insurance clauses and premium rates will open.

According to (five) with the following conditions of the insurance company according to the company's own data for commercial vehicle insurance terms and premium rates:

The perfect 1 governance structure, internal control system is sound and can be implemented effectively, the adequacy of data real, commercial insurance business for more than 3 full financial years;

The 2 audited recently for the 2 fiscal year the comprehensive cost rate is lower than 100%;

The 3 audited recently for the 2 fiscal year solvency adequacy ratio higher than 150%;

4 have more than 300000 motor vehicles and commercial insurance data;

5 set up a special commercial insurance product development team, equipped with a familiar with the law, insurance pricing practice management personnel, establish and improve business processes and information systems;

6 other conditions as required by the circ.

 

Other institutions should be understood as the not independent research and development, but with the demonstration clause of insurance industry association and rates. The number of insurance companies and in line with the fifth conditions of the lot, basically 3 years of opening more insurance companies were able to meet this requirement, can foreknow the youngest will develop the terms and rates. Therefore, since then the insurance company will break cause of ABC terms, entered the era of diversification. It also brings new challenges to the insurance litigation personnel, be familiar with the various insurance companies in terms of differences as soon as possible.

 

Two, the proposal of standardization

Insurance law requirements of exemption clauses specifying on, the clear notice of the insurance companyShouldIn theThe single pageThe most significant position, increase the use of red more than four font"Special reminder of liability exemption". The CIRC shall use the word, and at least as aforesaid so big name. Other provisions should prompt the insured in the insurance "exemption from liability under special tips"Calligraphy:"The insurer's explanation, I have known the liability exemption clauses"And the signature. These 23 characters including punctuation must be insured handwriting, not print, not managers. This will undoubtedly make the process more complicated, the insurance company will increase the cost, but if you insist on doing so, you can specify that the exemption clause. Conversely, if the insured single font is not so big, not red, the insured is not written, the court can be identified clearly not to.

 

Three, the insurance policy

"To protect the legitimate rights and interests of the insured, the insured shall carefully read the insurance contract content especially the liability exemption clauses in the insurance contract signed, careful selection of insurance products. The contract of insurance such as violation of laws and regulations, responsibility by the company in accordance with the law." Notification requirements in the insurance policy to increase this sentence, but is just a hint function, legal effect is not big, not printed on this sentence does not affect the rights and obligations of both parties.

 

Four, the insurance clause

(seven) the commercial vehicle insurance clauses shall be exempt from all relates to the responsibility of the insurance company focused on liability exemption clause the following Ming, and by adding black enough to cause the attention of the insured to prompt.

The policy relating to the exemption of insured liability contents scattered in the insurance clause chapters, mainly in the liability exemption, some in the calculation methods, such as franchise, health standards etc.. The notification requirements focus list, add black description. Can be understood as not under this chapter is not as exemption clause processing.

 

Five, the abolition of no duty free.

"The commercial vehicle insurance clauses shall be exempted from the insurer shall bear the obligation to the insured, or add the insured liability clause, not exclude policyholders, the insured shall enjoy rights clause."

This saying means the abolition of obscure, but without responsibility without compensation. The insured has no responsibility insurance company to compensate for the right of insurance subrogation, the insurance law, the insurance company shall not preclude.

To the insurance company in the future's compensation disputes will increase, is the new areas of business litigation.

 

Six, high and low compensation to

"(eight) the insured and the insurance company shall, in accordance with the fair value of the market determine the actual value of the insured motor vehicle. An insurance company shall negotiate the stipulated amount of insurance and the insured"

Here to borrow on fair value accounting statement, before the insurance clause does not involve the use of the car, the purchase price and depreciation amount, fair value is consistent with the accounting practices, but how to determine the fair value, the future will also be a dispute, such as whether a hand, according to the local secondary market transaction prices, or some software database. If the insured and the change value when claims are fair, how to deal with? Total loss is payable under the policy, it will remain controversial. In addition to the second-hand car if you do not allow high insurance, the insurance company will take certain measures, such as raising the premium, or part of the loss ratio of payment.

 

Seven, especially the agreed limit

"The commercial vehicle insurance clauses and premium rates formulated by insurance companies shall be submitted to the CIRC for approval. The insurance company shall strictly implement the approved by the CIRC commercial vehicle insurance terms and premium rates.

(twelve) the insurance company shall strictly implement the approved by the CIRC commercial vehicle insurance terms and premium rates, not through the endorsement, special agreement, on the approval of CIRC commercial vehicle insurance clauses and premium rates to make substantial changes"

The clauses and premium rates still adopt the approval system, but the special agreement to limit the number of single. The insurance company usually by special agreement to reduce liability, such as rollover can not lose, not on the card can not lose, these will have to indicate, in terms of approval without special agreement, even if it is invalid.