Some insurance quotes contain subjectivities, such as ‘subject to completed application form’ ; ‘subject to provision of previous insurer’s claims record details’ ; ‘subject to payment of full outstandings’ ; ‘subject to completion of survey and results satisfactory’.

It was held in the case of Beazley v Travelers (2011), there is no contract of insurance in place if there are any subjectivities which are not complied with. The assured failed in their argument that there was a binding insurance cover in place, as the subjectivities were only administrative in nature and was immaterial to the cover.

Further, the insurance was not ‘held covered’ as there was no provision for a time period within which the subjectivity must be complied.

Although it is not impossible for a ‘subjectivity to be immaterial to the commencement of an insurance’ there must be words showing it was the intention of the insurers to treat the subjectivity as not affecting the commencement of insurance cover and was in the nature of an administrative matter.

To conclude it is probable in all circumstances where an insurance quote is provided based on a subjectivity, there will be no insurance in place unless and until the subjectivity has been complied with.

See attached : ALCO20120005Insurance Quotes with Subjectivities.pdf

保险报价中的 “前提条件”

一些保险报价会包含前提条件，诸如 “前提条件是已经填写完整的申请表”、”前提条件是提供前保险人详细索赔记录”、”前提条件是保费全部付清”、”前提条件是完成检验并且检验结果令人满意”等。

Beazley v Travelers(2011) 一案认定，如果任何一项前提条件没有得到满足，则保险合同不成立。该案的被保险人认为，前提条件本质上是一种行政行为，对保险合同没有实质性影响，因而保险合同有效成立，但是这一主张没有被法院认可。

另外，法庭认定合同不成立，因为没有条款规定前提条件必须在某一时间内得到满足。

尽管 “前提条件对保险合同的开始没有实质性影响” 这种观点可能成立。但是，必须有明确的措辞表明保险人认为前提条件是否满足不会影响保险合同的开始，并且本质上只是一个行政问题。

综上，如果保险报价带有前提条件，除非/直到所有前提条件得到满足，否则保险合同不成立。

以上由 ANDREW LIU & CO.,LTD 编译，应以英文为准！

详细信息请参阅附件。