謹按告知義務，亦稱為據實說明義務，意指在保險契約訂立時，要保人應將有關保險標的之重要事實據實告知保險人，是保險為最大善意契約的體現；也是落實對價衡平原則的重要制度設計，於人身保險之適用尤其普遍與重要。 然而，實務上關於告知義務理賠爭議問題在我國始終為人身保險爭議主要類型之一，為何爭議始終不斷？是制度設計上不無暇疵？立法規範值得商榷？保險公司實務運作有待改進之空間？抑或消費者甚致保險從業人員認知有誤？甫於今年二月間修訂公布之保險法六十四條新規範對爾後實務運作又將有何影響？殊值探討，本文爰就我國實務常見之告知義務爭議及新法之適用予以分析並提出建議，以供減少與解決此類爭議問題之參考。 The duty of disclosure, also known as obligation of truthful representations, is that the insurance applicant , at the time of entering into the insurance contract, shall disclose or inform the insurer of related material facts which is the subject of insurance. This duty is critical to the insurable interest for the insurance applicant to purchase a policy in good faith. Also the duty of disclosure is an essential mechanism to implement fair and equitable principles for both parties, which is particularly common and important in personal Insurance . However, the duty of disclosure is one of primary controversial issues in our country on the coverage of personal Insurance . Why does the controversy always continue? Is it caused by institutional flaws? Is it a result of statutory regulations? Does the insurance company have any room to improve its practical operations ? Or is there any misunderstanding or miscommunication between the consumers and employees of the insurer? Is there any impact on insurance practice after the revised Article 64 of Insurance Act promulgated in February 2015? Concerning the above problems, this study will conduct analysis and provide suggestions for disputes on the duty of disclosure which is regularly seen in insurance business in order to decrease and resolve this contentious issue.
