保險,爲現今個人或企業之最佳分散風險之工具之一。保險自海上保險發展時起,即具有資訊不對稱之特性。因此爲解決資訊不對稱之弊病,保險人遂要求被保險人需盡告知義務。然保險經歷數百年之發展後,其已成爲具專業性、高度技術性與複雜之產業,並以定型化契約運作。因而過往就保險人資訊不對稱之情況已有所轉變,其已成爲對被保險人產生資訊不對稱之情況。由於被保險人難以了解保險契約條款之意義,亦無法理解保險之運作,因此對其權益產生相當之危害。爲解決此項困難,保險人應依誠信原則,盡其資訊提供之義務。本文即對於保險人資訊提供之義務加以討論。
Insurance is the best tool for an individual or an enterprise on its risk spreading. Since the beginning of marine insurance, insurance has the characteristic of asymmetric information to the insurer. In order to mitigate solve the gap, the insurer requested insured to disclose all information which they required. Nowadays, insurance became a specialized, highly technical and complex industry: also the insurance contract is a standard adhesion contract. The phenomenon of asymmetric information of insurer has reversed to insured. It is difficult for insured to aware the clauses of insurance policy, they are also not familiar with the business modus of insurance, which could be harmful on insured's rights. In order to resolve this problem, under the principle of good faith, the insurer should have the duty to provide all information to insured. The main subject of this article is to discuss the duty of disclosure of insurer.