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被保险人夸大保险损失并提出索赔在中、英两国都是常见的保险欺诈索赔类型。英国法下,被保险人实质性地夸大保险损失将使得保险人有权根据普通法权益丧失规则对整个索赔拒绝赔偿。英国《2015年保险法》将欺诈视为破坏保险合同存在基础的行为,因此,保险人可通过通知的方式行使合同解除权,而解除效力自欺诈行为之始向将来发生。与之相比,中国《保险法》第二十七条第三款仅授权保险人就夸大部分拒赔。从法政策的角度观察,该款规定并不能起到防范化解、严厉打击保险欺诈的目的。遏制保险欺诈是中、英两国保险业共同的政策,英国法对于保险欺诈的严厉态度值得中国法借鉴。
The insured exaggerates the insurance loss and makes the claim in both China and the United Kingdom are common types of insurance fraud claims. Under British law, the insured substantially exaggerates insurance losses, which would give the insurer the right to refuse compensation for the entire claim under the common law equity loss rule. The United Kingdom Insurance Act of 2015 treats fraud as a breach of the insurance contract, so that the insurer may exercise its right of contractual release by notice and the de-assertion of the defamation proceeds from the very beginning to the future. By contrast, Article 27, paragraph 3, of China's Insurance Law only authorizes the insurer to exaggerate part of the refusal. From the point of view of the law and policy, this provision can not serve as a safeguard against dissolution and severely crack down on insurance fraud. Suppressing insurance fraud is a common policy of the insurance industry in China and the United Kingdom. The strictness of the UK law on insurance fraud is worthy of reference from the Chinese law.