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Chapter Law Content

Title: Insurance Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter I. General Principles
Section 4. Obligations of the Insurer
Article 29
(Insurer Liable to Indemnify for Force Majeure or Fault of the Proposer and Insured;Upon Death of the Insured, Proposer or Beneficiary Obliged to Notify Insurer)
An insurer is liable to indemnify for damage caused by unforeseeable events or force majeure. However, this requirement is not applicable when limitations are expressly stated in the insurance contract.
An insurer is liable to indemnify for damage caused by the fault of the proposer or insured. However, this rule is not applicable to loss caused by a willful act of the proposer or insured.
Upon occurrence of death of the insured caused by any insured incident, the proposer or beneficiary shall notify the insurer. Upon receipt of the notice, the insurer shall contact the beneficiary at the latest address or via the contact number provided by the proposer to the insurer.
Article 30
(Liability to Indemnify for Fulfillment of Moral Obligation)
An insurer shall be liable to indemnify for damage caused by the fulfillment of a moral obligation.
Article 31
(Liability to Indemnify for Damage Caused by Employees or Animals)
An insurer shall be liable to indemnify for damage caused by employees, objects, or animals of the proposer or the insured.
Article 32
(Liability to Indemnify for War)
The insurer shall be liable to indemnify for damage caused by war unless the insurance contract stipulates otherwise.
Article 33
(Liability to Reimburse Expenses for Avoiding or Mitigating Damage)
The insurer is liable to reimburse the proposer or insured for expenses resulting from any necessary action taken to avoid or mitigate damage. Even if the combined total of reimbursement and indemnification exceeds the total insured amount, the insurer shall pay the full combined amount.
When an insurer makes reimbursement for expenses referred to in the preceding paragraph, such reimbursement is to be determined according to the ratio of the insured amount to the value of the subject matter insured.
Article 34
(Time Period to Pay Indemnification)
After a proposer or insured has submitted all supporting documents for a claim, the insurer shall pay indemnification within the stipulated time period. Where no time period has been stipulated, payment shall be effected within 15 days from receipt of notification.
If, for reasons attributable to itself, the insurer fails to make payment within the time period referred to in the preceding paragraph, it shall pay default interest at the rate of 10% per annum.