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[1906年英国海上保险法]

Disclosure and Representations

Insurance is uberrimae fidei

17. A contract of marine insurance is a contract base upon the utmost good faith, and, if the utmost good faith be not observed by either party, the contract may avoided by the other party.

Disclosure by assured

18. (1) Subject to the provision of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which is know to the assured, and the assured is deemed to know every circumstance which , in the ordinary course of business, ought to be known by him. If the assured fails to make such disclosure the insurer may avoid the contract.
(2) Every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk.
(3) In the absence of inquiry the following circumstances need not be disclosed, namely:-
(a) Any circumstance which diminishes the risk;
(b) Any circumstance which is known or presumed to be known to the insurer. The insurer is presumed to know matters of common notoriety or knowledge, and matters which an insurer in the ordinary course of his business, as such, ought to know;
(c) Any circumstance as to which information is waived by the insurer;
(d) Any circumstance which it is superfluous to disclose by reason of any express or implied warranty.
(4) Whether any particular circumstance, which is not disclosed, be material or not is, in each case, a question of fact.
(5) The term “circumstance” includes any communication made to, or information received by, the assured.

Disclosure by agent effecting insurance

19. Subject the provision of the preceding section as to circumstances which need not be disclosed, where an insurance is effected for the assured by an agent, the agent must disclose to the insurer -
(a) Every material circumstance which is known to himself, and an agent to insure is deemed to know every circumstance which in the ordinary course of business ought to be known by, or to have been communicated to him; and
(b) Every material circumstance which the assured is bound to disclose, unless it came to his knowledge too late to communicate it to the agent.

Representations pending negotiation of contract

20. (1) Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract.
(2) A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk.
(3) A representation may be either a representation as to a matter of fact, or as to a matter of expectation or belief.
(4) A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be considered material by a prudent insurer.
(5) A representation as to a matter of expectation or belief is true if it be made in good faith.
(6) A representation may be withdrawn or corrected before the contract is concluded.
(7) Whether a particular representation be material or not is, in each case, a question of fact.

When contract is deemed to be concluded

21. A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the insurer, whether the policy be then issued or not; and for the purpose of showing when the proposal was accepted, reference may be made to the slip or covering note or other customary memorandum of the contract, (although it be unstamped.)

告知和陈述

保险是最大诚信

17、海上保险合同是建立在最大诚信基础上的,如果合同任何一方不遵守最大诚信,另一方可以宣告合同无效。

被保险人的告知

18、(1) 除本条的规定外,在签定合同前,被保险人必须向保险人告知其所知晓的一切重要情况。被保险人视为知道在通常业务过程中所应知晓的每一情况。如果被保险人未履行该项告知义务,保险人即可宣布合同无效。
(2) 影响谨慎的保险人确定保险费或影响其决定是否接受承保的每一情况,被视为是重要情况。
(3) 如保险人未问及,对下列情况,被保险人无需告知:
(a) 减少风险的任何情况;
(b) 保险人知道或被认为应该知道的情况;保险人应该知晓众所周知的事情,以及他在通常业务中应该知晓的一般情况;
(c) 保险人不要求被保险人告知的情况;
(d) 由于明文或默示的保证条款,被保险人无需告知的事项。
(4) 在每一案件中,未告知的任何特别情况是否重要,是一个事实问题。
(5) “情况”一语包括送给被保险人的通知和其收到的消息。

投保代理人的告知

19、如由代理人为被保险人投保,除按前款规定无需告知的事项外,对下列事项,代理人必须向保险人告知
(a) 他所知道的每一重要情况,投保代理人视为知晓其在通常业务中应知晓或被保险人以通知他的情况。
(b) 被保险人有义务告知的每一重要情况,除非被保险人获知该项情况甚晚,无法及时通知代理人。

磋商合同的陈述

20、(1) 合同磋商期间以及合同签订前,被保险人或其代理人向保险人的每一重要陈述,必须真实。如不真实,保险人即可宣告合同无效。
(2) 影响谨慎的保险人确定保险费或影响其决定是否接受承保的每一陈述,被视为是重要陈述。
(3) 陈述可以是事实,也可是一种期望或信念。
(4) 事实陈述是真实的,如果它实质上是准确的,换言之, 如其陈述的情况与真实情况之间有差异,谨慎的保险人不会认为是重要的。
(5) 期望或信念的陈述是真实的,如果被保险人是依诚信作出的。
(6) 陈述在合同签订前可以撤消和更正。
(7) 在每一案件中,任何特别陈述是否重要,是一个事实问题。

合同何时视为成立

21、保险人接受被保险人的投保单后,无论当时是否出具保险单,海上保险合同即被认为已经成立;为表明保险人何时接受投保申请,得参考承保条或暂保单或其他签订合同时惯有的备忘录。