The statutory regime that governs the resolution of insurance disputes in China comprises:
The procedural regime that governs the resolution of insurance disputes in China includes:
The litigation process in China consists of the following procedures.
General Rules on Limitation
Article 188 of the Civil Code stipulates that the statute of limitations for filing a civil claim with the court is three years, unless otherwise provided by law. The the statute of limitations begins on the date when the right-holder knows or should have known that their right has been infringed and who the obligor is. However, if 20 years have passed since the infringement, the court will no longer protect the right unless exceptional circumstances exist. In such cases, the court may – upon the claimant’s request – extend the the statute of limitations.
Statute of limitations under Insurance Law
According to Article 26 of the Insurance Law, for insurance types other than life insurance, the insured or beneficiary has a period of two years in which to claim compensation or payment from the insurer. This period starts from the date they knew or should have known that the insured event occurred. For life insurance, the insured or beneficiary has five years to file such claims, starting from the date they knew or should have known that the insured event occurred.
In China, ADR mechanisms are not only widely highlighted but also continuously promoted at the institutional level. For a long time, China has been committed to developing a diversified non-litigation dispute resolution system that operates in parallel with litigation. This includes various forms such as people’s mediation, administrative mediation, arbitration, notarisation, administrative adjudication, and administrative reconsideration. These mechanisms play an active role in resolving different types of disputes and have formed a multi-level and broad-coverage dispute resolution system.
At the same time, Chinese traditional culture has long valued reconciliation, prizing the concepts of “harmony is precious” and “no litigation”. As such, litigation is viewed as a disruption of social harmony. Mediation and settlement are considered more aligned with social stability and the proper handling of interpersonal relationships. This cultural foundation has provided fertile ground for the development of ADR in China.
Main Forms of ADR in China
To further improve the diversified dispute resolution system, on 28 June 2016, the Supreme People’s Court of the People’s Republic of China (the “Supreme People’s Court”) issued the Opinions on Further Deepening the Reform of the Diversified Dispute Resolution Mechanism in People’s Courts. The document explicitly states the need to rationally allocate social resources for dispute resolution and promote the organic connection and co-ordinated development between settlement, mediation, arbitration, notarisation, administrative adjudication, administrative reconsideration, and litigation. It also emphasises the leading, driving and safeguarding role of the judiciary in building the ADR system.
Currently, the most common and widely used forms of ADR in China include people’s mediation, judicial mediation, settlement, and arbitration. China’s ADR system has received strong support at both the policy and institutional levels and is playing an increasingly important role in judicial practice – becoming an essential part of building an efficient, diversified and mutually beneficial dispute resolution framework.
Insurance disputes must adhere to the rules of exclusive, hierarchical and territorial jurisdiction stipulated in the Civil Procedure Law, as follows.
Choice of Law
In China, disputes over marine insurance are governed by the Maritime Law, whereas other types of property insurance and life insurance disputes fall under the Insurance Law.
For foreign-related insurance disputes, Article 41 of the PRC Law on the Application of Laws to Foreign-Related Civil Relations applies – the parties may negotiate and choose the applicable law. If the parties make no choice, the law of the habitual residence of the party whose performance of obligations is most characteristic of the contract – or other laws most closely connected to the contract – shall apply.
According to Articles 298 to 300 of the Civil Procedure Law, a final and effective judgment rendered by a foreign court may be recognised and enforced in China if the following conditions are met.
If the above-mentioned conditions are satisfied, an insurer – as a party to the judgment – may apply for recognition and enforcement of the foreign judgment before a Chinese court and likewise may be subject to enforcement based on such judgment.
Unlike common law jurisdictions, Chinese courts do not adopt a discovery procedure. Parties are responsible for submitting evidence within the time limits prescribed by the court. In general, the plaintiff is required to submit preliminary evidence at the time of filing, whereas the defendant must complete their evidentiary submissions during the period for filing a statement of defence.
In cross-border insurance disputes, all non-Chinese documents must be accompanied by Chinese translations.
Statute of Limitations in Insurance Disputes
As discussed in 1.2 Litigation Process and Rules on Limitation (General Rules on Limitation), according to the Insurance Law, for insurances other than life insurance, the statute of limitations for the insured or the beneficiary to claim indemnity from the insurer is two years – starting from the date on which the insured or the beneficiary knew or should have known that the insured event occurred. For life insurance, the statute of limitations is five years, starting from the same date.
However, according to the Civil Code, the statute of limitations is three years. Thus, whether the statute of limitations for insurance types other than life insurance is two or three years is currently a matter of dispute.
In general, Chinese courts will enforce arbitration provisions in insurance and reinsurance contracts, provided the arbitration agreement is valid. Under the Arbitration Law and the Civil Procedure Law, a valid arbitration agreement must include the following elements:
Where these conditions are satisfied, Chinese courts typically will respect the parties’ autonomy and enforce such arbitration provisions.
China acceded to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”) in 1986. Upon accession, China made two reservations pursuant to Article I(3) of the New York Convention:
According to the Civil Procedure Law, a party seeking recognition and enforcement of a foreign arbitral award must file an application directly with the intermediate people’s court at the place where the respondent is domiciled or where the respondent’s property is located. The application for recognition and enforcement of a foreign arbitral award must be submitted within two years from the last date for performance as specified in the award.
Arbitration is indeed a significant form of insurance dispute resolution in China. It is particularly common in the following lines of business:
Disputes in these sectors typically involve high-value claims and complex legal or technical issues, leading parties to prefer arbitration for its efficiency, expertise, and procedural flexibility.
The legal framework governing arbitration in China includes:
Arbitration proceedings in China are private and confidential. Moreover, arbitration in China is final and binding ‒ that is, there is no right of appeal. An award may only be challenged through a limited set of grounds in a set-aside application (eg, invalidity of the arbitration agreement or serious procedural irregularities).
According to Chinese law, certain terms – although not expressly stipulated in the insurance contract – may nonetheless be implied into the contract by operation of law and are legally binding on both parties. These implied terms are primarily derived from the Insurance Law and relevant judicial interpretations and are deemed to be inherently applicable to insurance contracts.
Commonly implied terms include the following.
Duty to Highlight and Explain Standard Exemption Clauses
The insurer must draw the policyholder’s attention to any standard exemption clauses and explain them clearly in a reasonable manner. Otherwise, such clauses shall not be effective (see Article 17 of the Insurance Law).
Insurable Interest Principle
Insurable interest refers to a legally recognised interest that the policyholder or the insured holds in the subject matter of the insurance. The principle of insurable interest requires that, in personal insurance, the policyholder must have an insurable interest in the insured at the time of contract formation – in property insurance, the insured must have an insurable interest in the insured subject matter at the time of the occurrence of the insured event. This principle is designed to prevent moral hazard and wagering on insurance.
Utmost Good Faith Principle
Also known as the principle of uberrimae fidei, this principle requires both parties to the insurance contract to act honestly and disclose all material facts in the process of contract formation and performance. Neither party shall misrepresent or conceal material information.
Indemnity Principle
This principle applies only to property insurance and not to life insurance. It means that, in the event of a covered loss, the insurer is obligated to indemnify the insured for the actual loss sustained – within the scope of the insured amount ‒ and the insured is not entitled to profit from the insurance.
Proximate Cause Principle
The insurer is liable only when the proximate cause of the loss falls within the scope of insured risks. Proximate cause refers to the most direct, dominant and effective cause that leads to the occurrence of the insured loss, among a chain of contributing factors.
In China, insurers have the following rights concerning the presentation of the risk prior to the inception of the insurance policy.
Surge in Liability Insurance Litigation
Courts are seeing a marked uptick in claims under professional liability, public liability and product liability policies. The growth tracks the rapid penetration of liability products as Chinese corporates become more risk-aware, but it has also produced a corresponding rise in coverage fights – especially over policy triggers, aggregate limits and the scope of “business activities” clauses.
Fire Insurance Disputes Climb Alongside e-Commerce Logistics
China’s booming online retail and warehousing sector has driven more property insurance placements. A spate of warehouse fires has triggered a wave of fire insurance claims and ensuing litigation, centring on questions of under-insurance, adequacy of risk disclosures, and whether standard fire exclusions for certain stored goods apply.
Personal Accident Claims From the “New Employment” Workforce
Driven by government requirements to protect gig economy workers, platform companies have rolled out group personal accident and term life schemes for delivery riders, ride-hail drivers and other freelancers. The volume of bodily injury and death benefit claims under these programmes has jumped, leading to disputes over the definition of “work-related” accidents, territorial limits, and the interplay between statutory compensation and private insurance.
Insurance coverage disputes are generally resolved via the following methods in China.
Resolution of Reinsurance Disputes
Reinsurance contracts often involve international reinsurers and high-value claims and, as such, their dispute resolution mechanisms tend to be more international in nature. In practice, reinsurance agreements frequently provide for the application of foreign laws (such as English or Singapore law) and resolution through international arbitration. Commonly selected arbitral institutions include the LCIA, the Singapore International Arbitration Centre (SIAC), and the Hong Kong International Arbitration Centre (HKIAC). Reinsurance disputes are generally more complex, both legally and procedurally, and require a higher degree of specialisation and cross-border legal expertise compared to direct insurance disputes.
In China, although the law does not distinguish between consumer insurance contracts and commercial insurance contracts, when the insured party is regarded as a consumer, their legal position differs significantly from that of professional parties in insurance contracts. The key differences are as follows.
Therefore, insured parties identified as consumers enjoy a higher level of legal protection under Chinese law.
Under Chinese law, a third party may – in certain circumstances – enforce an insurance contract or bring a claim against the insurer. The main scenarios include the following.
In Chinese judicial practice, “bad faith” refers to a situation where a party harms the legitimate interests of others intentionally or owing to gross negligence. This concept is reflected across various areas of law, including civil law and insurance law, as follows.
Bad Faith Under the Civil Code
The Civil Code contains multiple provisions that explicitly address and regulate acts conducted in bad faith, including but not limited to the following.
Bad Faith Under the Insurance Law
The Insurance Law addresses acts conducted in bad faith both by the policyholder and by the insurer, as follows.
Bad faith on the part of the policyholder
According to the Insurance Law, if a policyholder intentionally or owing to gross negligence fails to fulfil the duty of disclosure, and such omission is sufficient to affect the insurer’s decision on whether to underwrite the risk or adjust the premium rate, the insurer is entitled to rescind the contract. If the policyholder intentionally breaches the duty of disclosure, the insurer will not be liable for any insurance accident occurring before the rescission of the contract, and the paid premium will not be refunded.
Bad faith on the part of the insurer
Although the Insurance Law does not explicitly use the term “bad faith” to regulate insurers’ conduct, under the general principle of good faith and relevant judicial practice, an insurer that unreasonably delays or refuses to pay a claim may be deemed in breach of contract.
If an insurer delays the payment of a claim, it may be subject to the following legal liabilities and regulatory penalties.
Under Chinese law, whether an insured is bound by the representations of its insurance broker depends primarily on whether the broker had valid authority and whether the act in question was carried out within the scope of such authority. In determining whether such legal effect arises, courts will take into account factors such as the source and scope of the broker’s authority, the insured’s fault or acquiescence, and the insurer’s duty to verify the existence of the agency relationship.
In China, delegated underwriting and claims handling arrangements are common in the insurance industry, particularly in collaborations between insurers and insurance agents, brokers, or third-party service providers. These arrangements are typically based on contractual agreements and aim to enhance operational efficiency and expand service coverage.
Despite their prevalence in practice, such arrangements may give rise to legal disputes in certain circumstances – for example, when the delegated party acts beyond its authorised scope, provides substandard services, fails to adequately disclose information, or lacks proper licensing qualifications. In judicial practice, courts usually assess these cases by examining factors such as the scope of delegated authority, the insured’s reasonable reliance, and the insurer’s duty of oversight and internal control.
In recent years, regulatory authorities have strengthened supervision over intermediary cooperation and third-party outsourcing. Insurers are encouraged to establish robust compliance systems and enhance transparency to mitigate the risk of disputes arising from delegated authority arrangements.
In China, claims where insurers fund the defence of insureds most commonly arise in liability insurance lines, particularly product liability insurance, professional indemnity insurance, etc. Article 66 of the Insurance Law sets out a clear principle in respect of liability insurance : unless otherwise agreed, the insurer shall bear the arbitration or litigation expenses and other necessary and reasonable expenses paid by the insured party.
However, whether the attorney’s fees fall within the scope of necessary and reasonable expenses the insurer must bear ‒ as stipulated in Article 66 of the Insurance Law ‒ has long been a subject of contention between insurers and insureds, both in contractual drafting and judicial interpretation. Whether the insurer is obligated to fund the defence (and to what extent) depends on the policy wording, statutory interpretation under Article 66 of the Insurance Law, and the court’s assessment of the enforceability of relevant exclusion clauses.
In the coming years, the rules governing the insurer’s obligation to fund defence costs are expected to become more standardised and increasingly favourable to insureds. The main reasons for this trend are as follows.
In recent years, litigation in China concerning whether insurers are liable for insureds’ defence costs has shown a clear trend of increasing in both cost and complexity. This trend is driven by the following key factors.
However, with regulators emphasising clause transparency and the insurer’s duty to provide adequate notice, and with growing market demand for defence cost coverage, such disputes may gradually decrease. As a result, the upwards trend in cost and complexity may level off within the next five years.
In China, claimants generally cannot obtain commercial insurance coverage to specifically protect against the costs risks associated with litigation, as the Chinese legal system has not yet widely adopted litigation costs insurance schemes similar to those in the UK and other jurisdictions.
Under Chinese law, where a third party causes damage to the insured subject matter resulting in an insured loss, the insurer ‒ upon payment of insurance proceeds to the insured ‒ is subrogated to the insured’s right to claim compensation from the third party, up to the amount of the indemnity paid.
The insurer’s right to pursue third parties is set out in Article 60 of the Insurance Law. The insurer is entitled to bring a subrogation claim in its own name.
In recent years, major events such as the COVID-19 pandemic and the war between Russia and Ukraine have had a significant impact on the volume and type of litigation in China, particularly with regard to insurance-related disputes. The main developments in this respect are as follows.
Impact of COVID-19 Pandemic
Insurance-related litigation has been affected by the pandemic in the following ways.
Impact of War in Ukraine
The consequences of Russia’s invasion of Ukraine have affected insurance-related in the following ways.
Given that the COVID-19 pandemic is now over, the number of related insurance litigations is expected to decrease during the next 12 months. Meanwhile, disputes arising from the Russia–Ukraine conflict are likely to continue, particularly in the areas of marine insurance, aviation insurance, and reinsurance.
Factors such as the COVID-19 pandemic, the Russia–Ukraine conflict, and China–USA trade tensions have indeed given rise to a number of significant insurance coverage issues and judicial test cases in recent years. These developments have had a substantial impact on insurance practice and legal adjudication, particularly in the area of contractual liability and coverage interpretation.
Insurance Coverage Disputes Caused by COVID-19
Taking the COVID-19 pandemic as an example, a large number of contractual disputes emerged due to the pandemic itself or the associated containment measures. In response, the Supreme People’s Court issued authoritative guidance, clarifying how such cases should be handled.
Unless otherwise agreed by the parties, courts should comprehensively consider the varying effects of the pandemic across different regions, industries, and case types. A key focus is determining the causal relationship and the degree of impact between the pandemic (or related control measures) and the failure to perform contractual obligations. The Supreme People’s Court provides the following guidance in this regard.
Failure to perform contractual obligations
Where the pandemic or its control measures directly result in non-performance of contractual obligations, courts may apply the doctrine of force majeure to partially or fully exempt a party from liability, depending on the extent of the impact. However, if a party contributes to the non-performance or aggravates the loss, the party will remain liable to that extent. A party claiming force majeure must also bear the burden of proving that they fulfilled their duty to provide timely notice.
Difficulty in performing contractual obligations
Where the pandemic only makes it difficult to perform contractual obligations, the parties are encouraged to renegotiate. Courts should facilitate mediation and support continued performance where feasible. Claims for the termination of a contract merely due to hardship will generally not be upheld.
However, if the obligation to perform becomes manifestly unfair on one party, the court may support adjustments to performance terms (eg, deadline, method, or price). Once a contract has been legally modified, further claims for liability exemption will not be supported. If the pandemic renders the contract’s purpose unachievable, a termination claim will be upheld.
Factors such as the COVID-19 pandemic, China–USA trade tensions, and the Russia–Ukraine conflict have significantly affected both the scope of insurance coverage available and insurers’ risk appetites. On the one hand, insurers have generally tightened coverage in response to events such as pandemics and wars – for example, by introducing exclusions related to infectious diseases or the risk of war.
On the other hand, insurers have become more cautious in underwriting risks in high-risk industries and regions. In many cases, premiums have increased, deductibles have been raised, and coverage is now subject to more stringent terms and claims conditions.
In recent years, ESG factors have played an increasingly important role in China’s insurance industry, progressively influencing both underwriting and claims practices.
In underwriting, insurers have placed greater emphasis on identifying and managing environmental and social risks. By way of example, in the renewable energy, green construction, and ecological protection sectors, insurers have developed innovative products such as green insurance and carbon sink insurance. On the asset side, insurers have scaled up green investments, aligning underwriting with sustainable finance. ESG scores are also being adopted as reference criteria for underwriting and pricing decisions, thereby encouraging insureds to improve their ESG performance.
In claims handling and dispute resolution, ESG considerations are becoming relevant to determining the scope of coverage. In liability cases involving environmental pollution or labour issues, courts and arbitration bodies may assess whether the insured fulfilled their environmental or social obligations, which in turn may impact the insurer’s indemnity obligations and settlement terms.
Overall, insurers are not only implementers of ESG principles but also key enablers of ESG adoption across the economy. As regulatory frameworks evolve, ESG considerations are expected to exert a lasting impact on risk assessment, product development, and claims resolution within the insurance sector.
In providing insurance services, insurers must process a substantial amount of personal information relating to policyholders, insureds, and beneficiaries. This data is not only voluminous but also spans the entire operational process, including underwriting, claims handling, and policy administration.
In the underwriting phase, insurers are required under the Personal Information Protection Law (PIPL) to strictly fulfil their duty of notification prior to processing personal data. They must ensure that the collection, storage and use of personal information complies with the law. Given that offline channels remain the dominant distribution method in China’s insurance sector, insurers must harmonise data-handling rules across both online and offline channels and clearly delineate the legal bases for data processing in scenarios where consent is not required (eg, compliance with statutory obligations).
In the context of litigation and dispute resolution, issues such as data breaches and misuse of personal information have increasingly emerged as central points of contention in insurance-related disputes. The PIPL significantly strengthens enforcement, including higher penalties for violations and the introduction of public interest litigation for mass infringements. As a result, insurers are required to enhance their internal data governance frameworks, improve authorisation protocols, and implement robust risk-control mechanisms.
Moreover, inconsistencies between the Insurance Law and the PIPL present ongoing compliance challenges. Key issues include the lack of clear upper limits on data retention periods, uncertainty regarding the scope of information to be shared in reinsurance transactions, and the absence of defined obligations for insurance agents to return or delete personal data after termination of engagement. As regulatory scrutiny intensifies, personal data protection will increasingly become a focal point in the compliance and legal risk-management strategies of insurance institutions.
According to the official website of the NFRA, a total of 28 insurance-related regulatory documents were issued in 2024. These include key rules such as the Regulatory Rating Measures for Life Insurance Companies, the Measures for the Exercise of Discretion in Administrative Penalties, the Guidelines on Promoting High-Quality Development of Green Insurance, the Anti-Insurance Fraud Measures, and the Implementation Opinions on Accelerating the Development of Shanghai as an International Reinsurance Centre. These developments are expected to significantly impact the scope of insurance coverage, the handling of insurance litigation, and the insurer’s obligation to fund defence costs.
By way of further example, in July 2025, the NFRA promulgated the Administrative Measures for the Suitability of Financial Institution Products (the “Suitability Measures”). Effective from 1 February 2026, the Suitability Measures emphasise the fulfilment of insurers’ obligations and the protection of the interests of the insured.
In addition, in May 2024, the General Office of the State Council issued its Annual Legislative Work Plan, which includes a proposal to submit the fifth amendment to the Insurance Law to the Standing Committee of the National People’s Congress for review. The amendment is intended to address key operational, regulatory and risk-resolution challenges currently faced by the insurance sector. It aims to fill regulatory gaps and provide a stronger legal framework to support the high-quality development of the insurance industry. Once enacted, this amendment may have material implications for insurance contract interpretation, the allocation of coverage, the insurer’s duty to defend, and the litigation landscape more broadly.
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xiangfubin@weihenglaw.com sh.weihenglaw.comThe Changing Face of Chinese Insurance Disputes
The insurance industry is an important pillar of financial and social security systems, and China’s insurance industry has undergone rapid development in recent years. As of 31 December 2024, there were 349 members of the Insurance Association of China (IAC) ‒ of which, 13 were insurance group (holding) companies, 86 were property insurance companies, 93 were life insurance companies, 14 were reinsurance companies, 18 were insurance asset management companies, and 71 were insurance intermediaries.
In addition to the members of the IAC, there are other asset management companies and insurance intermediaries acting in the market. According to data released by the National Financial Regulatory Administration, the primary insurance premium income from January to May 2025 totalled RMB3,060.2 billion.
With the continuous development of the insurance industry, the number of insurance litigation cases is also growing. As of July 2025, there were more than one million litigation cases concerning insurance disputes in the China Judgments Online Database, mainly involving disputes over property insurance policies and life insurance policies, as well as some subrogation cases and a small number of insurance premium disputes cases. Litigation and arbitration are still the main ways to resolve insurance disputes; however, the surge in insurance disputes has created a demand for the development of various dispute settlement systems.
Emergence of new types of insurance litigation in China
Disputes may arise regarding all aspects of the formation and performance of insurance policies, such as:
Insurance litigation cases regarding new types of insurance policies continue to emerge as well. In addition to disputes arising from traditional insurance policies (eg, motor vehicle liability insurance, work injury insurance, pension insurance and life insurance), cases related to cyber-insurance, D&O liability insurance and green agriculture insurance are also emerging. Insurance litigation regarding these new types of insurance policies may involve multiple legal relationships and complicated facts, thereby creating difficulties and challenges for law practitioners and adjudicators. Some new types of insurance litigation are set out in detail here.
Surge in securities class actions leads to rapid increase in claims and litigation cases relating to D&O liability insurance policies
With the official implementation of the new Securities Law of the People’s Republic of China in March 2020, PRC supervisory departments have continued to make breakthroughs in clarifying the scope of directors’ and officers’ liability and the compensation for losses for which directors and officers are responsible, and have further strengthened the recourse against actual controllers of listed companies.
In 2024, a total of 475 A-share listed companies disclosed plans to purchase D&O liability insurance, representing a year-on-year increase of 34%. Among them, 234 companies disclosed such plans for the first time. In the first half of 2025, more than 280 A-share listed companies issued announcements about the purchase of D&O liability insurance. This is primarily due to the intensified administrative supervision of listed companies and their directors, supervisors, and senior management, as well as the rising number of investor claims. In addition, the new Company Law of the People’s Republic of China ‒ which came into effect on 1 July 2024 ‒ further strengthens the duties and liabilities of directors, supervisors, and senior executives, thereby significantly increasing their motivation to purchase D&O insurance.
Under the influence of the stricter regulation, the risk of litigation involving listed companies that concerns misrepresentation and fraudulent statements has risen, the standards that directors and officers must meet in performing their fiduciary duties have heightened, and the corresponding disputes over D&O liability insurance policies have increased. Compared with other liability insurance litigation, D&O liability insurance litigation has fewer referable precedents but involves more complex legal relationships and more difficulties in applying the law.
Situations will be more complex when foreign litigation procedures are involved. As many Chinese companies choose to be listed in stock markets outside Mainland China (eg, the Hong Kong Stock Exchange, the NYSE, or Nasdaq), the class actions and investigations brought against insureds in those jurisdictions will make the claims under D&O liability insurance policies even more challenging with regard to matters such as:
Insurance litigation in the Internet Plus era
With the rapid development of internet services and the social economy, online sales of insurance products are expanding rapidly, creating new opportunities for the development of the insurance industry. According to the Interim Measures for the Supervision of the Cyber Insurance Business issued by the China Banking and Insurance Regulatory Commission (CBIRC) (the former China Insurance Regulatory Commission), insurance companies can operate cyber-insurance business in several areas, such as personal accident injury insurance, term-life insurance and whole-life insurance, household property insurance, and liability insurance.
In 2016, nearly 80% of Chinese insurance companies had started their cyber-insurance business through different business models, such as constructing their own websites or co-operating with third-party platforms. In 2024, the proportion of consumers purchasing insurance online has reached parity with offline channels. The online insurance purchase rate rose from 73% in 2023 to 78% in 2024, whereas the offline rate declined from 85% to 79% over the same period. Meanwhile, data suggests that online purchases are likely to surpass offline ones within the next two years.
The development of cyber-insurance without a well-established regulation system has triggered chaos. In 2019, the CBIRC and its branches received 19,900 consumer complaints about cyber-insurance, which represented a year-on-year increase of 88.59% and seven times the volume of complaints in 2016. The rapid growth correspondingly resulted in a surge in litigation cases related to cyber-insurance policies. The formation of a cyber-insurance policy is different to that of a traditional policy, so the disputes are usually related to the formation process.
According to Article 3 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Insurance Law of the People’s Republic of China (II) (amended in 2020), if the policyholder or the policyholder’s agent does not sign or seal the insurance policy in person but the insurer or the insurer’s agent signs or seals it on behalf of the policyholder, the policy should not take effect for the policyholder. However, if the policyholder pays the insurance premium after the insurer has signed the insurance policy on the policyholder’s behalf, the payment should be regarded as the policyholder’s retroactive recognition of the insurer’s act of signing or stamping on behalf of the policyholder. Therefore, whether the electronic signature is provided by the policyholder themselves and whether the electronic signature is valid are significant in the formation and inception of cyber-insurance policies. The effectiveness of the cyber-insurance policy also depends on whether the policyholder pays the premium in full and on time through electronic payment.
According to Article 17 of the Insurance Law of the People’s Republic of China (the “PRC Insurance Law”), an insurer should highlight for the attention of the policyholder clauses in an insurance policy that exclude the liability of the insurer on the insurance application form, insurance policy document or any other insurance certificate and should explain the contents of such clauses to the policyholder ‒ either in writing or verbally. Where there is no highlighting or explicit explanation, such clauses should be invalid. Owing to the convenient and efficient characteristics of purchasing cyber-insurance, policyholders frequently assert that insurers fail to fulfil their obligation under Article 17 of the PRC Insurance Law. Therefore, in cyber-insurance litigation, it is up to insurers to prove that they have fulfilled their obligation to inform the policyholder of the contents of the insurance policy truthfully via the internet sales platform.
Insurance litigation in the green economy
The demand for green insurance in the green financial market is increasing and agricultural insurance plays an essential role in the growth of green insurance in China. China is currently one of the leading countries in terms of its agricultural insurance premium income, which totalled RMB152.1 billion in 2024. Faced with the direct or indirect risks posed by global environmental pollution, climate change and natural disasters, the corresponding disputes over agricultural insurance policies have increased. The main features are as follows.
Litigation property preservation liability insurance
Litigation property preservation refers to the protection measures taken by the court to prevent the party (generally the defendant) from transferring, concealing or selling the property before the judgment is issued, so as to ensure the smooth execution of the judgment after it takes effect in the future.
In accordance with the Civil Procedure Law of the People’s Republic of China, when receiving the application for taking preservation measures, the people’s court may require the applicant/plaintiff to provide a guarantee. In recent years, a litigation property preservation liability (LPPL) insurance policy has been considered a qualified and legitimate method through which to provide a guarantee.
LPPL insurance generally covers the losses suffered by the defendant as a result of the wrongful or improper application for property preservation by an applicant in a civil lawsuit. When the applicant/plaintiff loses the case, the defendant will sue the applicant/plaintiff and the insurer to reimburse the losses caused by property preservation measures.
With the wide application of LPPL insurance in civil litigation cases, more and more disputes have arisen from such insurance policies. The following criterion will be considered in LPPL disputes:
New laws and regulations impacting insurance litigation in China
Planned amendment of the PRC Insurance Law
On 6 May 2024, the General Office of the State Council issued the “State Council’s 2024 Legislative Work Plan”, which indicates plans to submit the draft amendment of the PRC Insurance Law to the Standing Committee of the National People’s Congress for deliberation. This signifies an acceleration in the pace of the new round of amendments to the PRC Insurance Law.
Formation of the State Financial Regulatory Administration
On 18 May 2023, the National Financial Regulatory Administration was formed to replace the CBIRC. It is responsible for the supervision of the financial industry, including the insurance industry.
Prior to this, the CBIRC had been in operation for more than five years. Following the formation of the State Financial Regulatory Administration, the CBIRC no longer exists.
Changes in hierarchical jurisdiction
In China, the court system is divided into four levels:
In accordance with the judicial interpretations published by the Supreme People’s Court on 17 September 2021, the following applies:
It is rare for the Supreme People’s Court to hear a case at first instance.
Changes in territorial jurisdiction
In accordance with PRC laws, a lawsuit brought in an insurance dispute will fall under the jurisdiction of the people’s court where the domicile of the defendant or the insured object is located. However, the territorial jurisdiction is subject to some exceptions.
China has established a number of professional courts, such as financial courts, to handle litigation in specific sectors. By way of example, since 26 March 2021, the Beijing Financial Court hears insurance disputes over which the Beijing Intermediate People’s Court has first-instance jurisdiction. The Beijing Financial Court will also try appeals against decisions in insurance disputes from the first-instance district courts.
Impact of the Civil Code
The Civil Code came into force on 1 January 2021. Its provisions have numerous, significant impacts on the PRC Insurance Law and its judicial interpretations.
In accordance with the Civil Code, insurers have a specific explanation obligation not only with regard to clauses that exempt the insurer from liability or reduce the insurer’s liability as prescribed by the PRC Insurance Law, but also for those clauses in which the applicants, beneficiaries or insureds have major interests.
Another noteworthy point concerns the amendment of the statute of limitations. Article 188 of the Civil Code provides that the limitation period for a person to request the people’s court to protect their civil rights is three years, unless otherwise provided by law. However, before the Civil Code officially stipulated this statute of limitations, a two-year statute of limitations had long been implemented in China in accordance with the PRC General Principles of Civil Law (promulgated in 1987).
The PRC courts have been divided as to whether a two-year or three-year statute of limitations should apply to disputes involving property insurance policies, as the current PRC Insurance Law still stipulates that the period of limitation for the insured or beneficiary of non-life insurance to claim insurance benefits is two years. Up to now, most courts would hold that a three-year statute of limitations in accordance with the more recent Article 188 of the Civil Code should be applied in property insurance claims, as most courts believe that the two-year statute of limitations prescribed by the PRC Insurance Law was inherited from the abolished PRC General Principals of Civil Law rather than the special provisions of the PRC Insurance Law.
Diversified dispute resolution mechanisms
Against the background of increasingly complex insurance policy types and an upsurge in disputes, the establishment of diversified dispute resolution mechanisms has become a new trend, in addition to the traditional dispute resolution measures of litigation and arbitration.
In July 2024, National Financial Regulatory Administration, the People’s Bank of China, and the China Securities Regulatory Commission jointly issued the Opinions on Promoting the High-Quality Development of Financial Dispute Mediation (the “Opinions”), a comprehensive policy document comprising 23 articles across seven sections. The Opinions apply across banking, securities, and insurance sectors, and aim to enhance the institutional framework, functionality, and overall efficiency of financial dispute mediation in China. The initiative seeks to establish a well-structured, efficient and widely trusted mediation system that delivers measurable improvements in public satisfaction and trust in the financial dispute resolution process.
A diversified dispute resolution mechanism involves the resolution of a dispute through mediation in the form of non-litigation by insurance industry associations, arbitration institutions, courts and other third parties when the insured and the insurer in a dispute cannot reach a settlement by themselves.
According to the different participants, there are three main forms of diversified dispute resolution mechanisms in the insurance industry, as follows.
In recent years, valuable experience has been accumulated in the establishment of diversified dispute resolution mechanisms. However, there are certain shortcomings, as follows.
Outlook
The landscape of insurance litigation in China is poised for significant evolution. As regulatory oversight intensifies and consumer awareness grows, disputes over policy interpretation, claims denial, and disclosure obligations are expected to increase. The increasing complexity of insurance products, particularly in areas such as health, cyber, and ESG-related coverage, will likely give rise to novel legal questions.
Courts are gradually developing more sophisticated approaches to insurance disputes, supported by judicial interpretations and pilot programmes aimed at standardising rulings. Moreover, the integration of technology in dispute resolution (including online litigation platforms) will enhance efficiency.
However, challenges remain, including inconsistencies in local judicial practice as well as the need for greater transparency. Overall, trends point towards a more litigious yet maturing insurance legal environment, whereby clarity in policy wording, compliance with regulatory requirements, and proactive risk management will be critical if insurers are to navigate future disputes effectively.
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