金融法（双语版）第七章保险法律制度2.pptx

第七章 保险法律制度四、保险业务五、保险业的监管第七章 保险法律制度四、保险业务1.中国的保险业务保险业：特许行业中国保险业务： 人身保险业务（包括人寿保险、健康保险、意外伤害保险等） 财产保险业务（包括财产损失保险、责任保险、信用保险、保证保险等） ——不得兼营人身保险业务和财产保险业务保险业务的开展：应当遵循公平竞争的原则，不得从事不正当竞争《保险法》禁止在保险业务活动中从事的行为第七章 保险法律制度四、保险业务2.美国的保险业务Types: Life Health Insurance, Property Disaster InsuranceSeparate operation system on insurance: Glass-Steagall Act Insurance Law in majority of statesRegulated by each state: market behavior price 第七章 保险法律制度四、保险业务3. 案例资料Calfarm Ins. Co. v. DeukmejianFact-〔1〕Insurance rates are to be immediately reduced to “at least 20 percent less” than those in effect on November 8, 1987 〔2〕All rate increases require the approval of the Insurance Commissioner, who may not approve rates which are “excessive, inadequate, unfairly discriminatory or otherwise in violation of [the initiative].” Prior to November 8, 1989, however, rates may be increased only if the commissioner finds “that an insurer is substantially threatened with insolvency.” 〔3〕The initiative prohibits an insurer from declining to renew a policy except for nonpayment of premium, fraud, or significant increase in the hazard insured against〔4〕Insurers are required to mail notices to policy holders informing them they may join a nonprofit corporation to be formed to represent their interests by persons appointed for this purpose by the Insurance Commissioner.第七章 保险法律制度四、保险业务3. 案例资料Calfarm Ins. Co. v. DeukmejianParties’ contentions-Petitioners 〔1〕Attack the constitutionality of this limitation of rate adjustments prior to November 1989 to insurers substantially threatened with insolvency .〔2〕Insurers will be compelled to charge confiscatory rates pending administrative relief.〔3〕 The provision was intended to apply to policies in force when Proposition 103 was enacted but maintain that the application of this provision to such policies would in effect alter their terms, and thereby violate the constitutional prohibition against a “law impairing the obligation of contracts .〔4〕 Since the constitu