This chapter focuses on the duty of representation in insurance under the assumption that blockchain technology will be widely used in pre-contractual stage. A few firms in China are already providing blockchain-based insurance, where pre-contractual obligations are performed on blockchain and it may become more popular in the near future. From an optimistic perspective, using blockchain may help insurers to reduce some legal risks of misrepresentations. However, it may not be sufficient to solve all issues when the root cause of the problem is the legislative deficiencies. Moreover, a series of new legal issues will emerge in blockchain-based insurance, especially as individualized products are likely to reshape the legal relationship between insurers and applicants in the pre-contractual stage. Future laws should respond to new changes brought by emerging technology.

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Chinese Perspective on Representation Duty in Blockchain-Based Insurance

  • C. Luo

摘要

This chapter focuses on the duty of representation in insurance under the assumption that blockchain technology will be widely used in pre-contractual stage. A few firms in China are already providing blockchain-based insurance, where pre-contractual obligations are performed on blockchain and it may become more popular in the near future. From an optimistic perspective, using blockchain may help insurers to reduce some legal risks of misrepresentations. However, it may not be sufficient to solve all issues when the root cause of the problem is the legislative deficiencies. Moreover, a series of new legal issues will emerge in blockchain-based insurance, especially as individualized products are likely to reshape the legal relationship between insurers and applicants in the pre-contractual stage. Future laws should respond to new changes brought by emerging technology.