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A Comparative Study of Policyholder's Duty of Notice of Loss

LI Ting-peng(School of Law, Yunnan University, Kunming, Yunnan, 650091,China)  
This paper concentrates on the study of the time of notice and the legal effect of policyholder's failure of notice, especially on the doctrine of twofold conditions based on damage and gross negligence in Germany, and doctrine of damage condition in USA. After analyzing the defects of China's insurance legislation, the author suggests that amendments to China's insurance legislation should make different legal effect patterns correspond with damage and negligence on policyholder's breach of duty.
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