Supreme People's Court, Interpretation on Several Issues Concerning the Application of the «PRC Insurance Law» (1)

Promulgated: September 21 2009

Effective: October 1 2009

Main contents: Disputes over insurance contracts concluded before the implementation of the PRC Insurance Law shall be governed by the law in effect at the time thereof unless otherwise stipulated in this Interpretation. Where the law in effect at the time thereof is silent on the matter, the relevant provisions of the Insurance Law shall be referred to (Article 1). Where an insurance contract, concluded before the implementation of the Insurance Law, is rendered invalid according to the law in effect at the time thereof but is rendered valid under the Insurance Law, the Insurance Law shall prevail (Article 2). Where an insurance contract was concluded before the implementation of the Insurance Law while the transfer of the subject matter of insurance, an insured event, an insurance claim or claim by subrogation takes place after the implementation of the Insurance Law, the Insurance Law shall apply (Article 3). Where an insurance contract was concluded before the implementation of the Insurance Law, the insurer requests to terminate the contract after the implementation of the Insurance law on the grounds that the proposer fails to perform its obligation of disclosure or the age of the insured he stated is false, the Insurance Law shall apply (Article 4). Where the trial of a case was already final before the implementation of the Insurance Law, a party applies for a re-trial or a decision for a re-trial is rendered based on the trial monitoring procedure, the Insurance Law shall not apply (Article 6).