| 英文摘要 |
Insurance is a contract of utmost good faith. Most significantly, a duty of disclsoure in section 64 of Insurance Code is the primary illsutration of ultimate good faith in terms of a pre-contractual duty. It should be noted, however, that a duty of good faith applied throughout the entire contrat at various stages such as a duty to disclose increase of risk in Section 59 (1)(2) of Insurance Code, and intentional act in Section 29(2) of Insurance Code. In the event of fraudulent claims, the remedy for breach is not entirely clear in Insurance Code. An insurer is entitled to refuse such a claim but this would not lead to the avoidance of insurance contract. As insurance fraud is a major cost to the insurance industry, there is a need to a clear statutory remedy in detetting fraud. In this work, we will analyze the recent insurance law reform both in Japan and United Kingdom. Based on the observation of these developments in fraudulent claims and insurers remedy, we will propose several suggestions for statutory reform. |
