英文摘要 |
The purpose of modern insurance is to provide the insured with financial security and peace of mind. In order to achieve the said purpose, the insurer should act appropriately to process the investigation in post loss stage. The insurer cannot unilaterally request the insured for the related information and evidences of loss without making the appropriate investigation of the claim voluntarily. In addition to prompt, full and thorough investigation, the insurer should do the investigation into factual and legal aspects of the claim and discover all the evidences, which conforms to the principle of good faith. The United State is one of the blooming markets in the world and the state courts have adjudged the insurance case based on the scholar's theories in the recent hundred years and established the legal contents of the insurer's duty to investigate the claim. This paper will focus on the development in the United States to examine the characteristics, contents, and the development of the insurer's duty to investigate the claim. In conclusion, this paper will analyze the current legislative conditions and policy clauses in Taiwan and presents the suggestions for legislation with references to the regulations and judicial precedents in the United States. |