A man bought Huang Dao the lifelong birthday danger of some insurance company, miss after a few years, be proclaimed to die by the court, its wife puts forward manage compensate to ask by insurance company rejecting claims. After the court is tried, did not use up clew obligation and both sides to understand the reason such as controversy to the clause with insurance company clauses, adjudicate insurance company pays insurance gold. The reporter interviews understanding to arrive, when consumer is buying insurance, those who sign is the pattern contract that the other side has offerred, in the format clause of these contracts, have many " trap " . Many insurance clerks often also are done not have when signing a contract with the client remind obligation, cause dispute thereby. Additional, in dispute of serious illness risk, whether " tell medical history according to the facts " the tall hair division that also makes insurance rejecting claims. The judge expresses, format clause is put forward beforehand alone by insurance company more, pursuit is when making a provision the increase is the biggest change, the professional dominant position that always can use oneself transfers avoid risk, this caused pair of policy-holder in fact inequitable.
Miss declare dies by rejecting claims
On December 14, 2007, wang Mou signs contract of insurance of risk of a lifelong birthday as policy-holder, insurant and some insurance company, insurance amount 130 thousand yuan, from December 12, 2007 zero hour rises between insurance period to lifelong stop or insurance contract states when stopping sexual insurance accident to happen, die beneficiary beneficiary is wife Ge Mou of Wang Mou.
Insurance contract agrees, "Be missing because of the reason beyond die of accident harm, natural disaster and be died by forensic declaration, gold of not negative insurance gives the underwriter pay reach major disease to shift to an earlier date to pay duty, this contract is stopped... ; " agree at the same time, "Declare dies " be in for insurant namely accident of internal cause of insurance contract period of efficacy is harmed or natural disaster accident is missing, to people via interests person the court applies for, after people court declaration dies, the underwriter gives pay die insurance gold. When discovering insurant still lives, insurance gold go back.
On August 15, 2014, after Wang Mou already was proclaimed 4 years to die by the court completely because of missing, ge Mou puts forward manage compensate to this insurance company, insurance company agrees with clauses above for rejecting claims, insurance contract is terminated after the cost of money that returns insurance policy. Ge Mou refuses to obey the decision of insurance company, then to forensic to lodge a complaint.
Does court of people of yellow island division adjudicate: after course cognizance? O exhibits to bring up buffalo gnat Wu to hold?3 of battle of Ц Dong O 10 thousand yuan, and burden legal cost 2900 yuan. After the court decision, each all just did not mention appeal. Lv Lili of judge of yellow island court introduces, basis " insurance law " regulation, insurance application should add clauses, and experience case insurance application did not add clauses, and the kind that did not undertake to disclaimer font, name, color perhaps is underlined below in the clauses that insurance company offers Ge Mou undertakes clew, insurance company also did not refer insurance application original in front courtyard careful. Accordingly, this insurance company all did not arrive " insurance law " the clew that go up is compulsory. The limitation of rate of literacy of Wang Mou of together with insurant, the court thinks this insurance company is half-baked the clew on insurance law meaning and explanatory specification are compulsory, accordingly, the agreement does not produce effectiveness related insurance contract.
The judge says, in this case, insurance company proves without evidence because the matter besides accident harm, natural disaster dies,Wang Mou is not, and prove without evidence Wang Mou is put in obstacle of spirit, psychology, physiology, also point to beneficiary beneficiary arrowroot without evidence the dead existence fault of some pair of Wang Mou, insurance company ought to assume insurance responsibility, pay insurance gold to Ge Mou, but after insurant Wang Mou appears, beneficiary beneficiary ought to sum is returned return insurance gold.
Lv Lili of judge of yellow island court tells a reporter, adverse explanation principle introduced in this case. Adverse explanation principle points to commonly when insurance company and policy-holder or beneficiary beneficiary produces controversy to the content of pattern contract and the case that can make two kinds of explanations lays guarantee slip term, ought to the means that according to goes against insurance company gives explanation. Because format clause is put forward beforehand alone by the underwriter more, the underwriter always can use his professional dominant position to transfer avoid risk, this caused the inequity on fact of opposite to insurance human affairs. Of adverse explanation principle introducing is to balance underwriter and safe and opposite person between of imparity trade position, realize the fair justice between contract party.
Insurance company should use up clew obligation
The reporter interviews understanding to arrive, the origin of many insurance contract dispute depends on the disclaimer in insurance contract. Because this is in 2009 " insurance law " in increased an underwriter compulsory to the clew of disclaimer. How to decide whether does the underwriter fulfil clew obligation? Treat the file external form of disclaimer above all. General point of view is to answer will relevant provision with body of bold-face, colour word or increase add thick form line out, in order to distinguish at other character. See the method of clew next. The underwriter is OK to policy-holder alone bright show disclaimer or undertake clew with other and striking pattern. " insurance law " in set: ? Cling to black of ⒌ of Yun of ü is dark wring ⒌ of broadleaf plant ┝ to seek O to dip in truly virtuous? underwriter waits for means to give to disclaimer with webpage, frequency, video of clew and clear specification, people court can maintain his to fulfil clew and clear specification obligation. " finally is the time that sees hint. Clew policy-holder notes the time of disclaimer, before answering to be signed in insurance contract or in signing a process, if hint after sign,be invalid.
Did not impart serious illness risk according to the facts " trap "
2013, zhang Mou is cast in some insurance company take care of big disease risk, conclude when insurance contract, on insurance application " health is informed " the option of column is ticked off choosing is by the clerk era is filled, healthy item all replies for " deny " , zhang Mou signs in policy-holder sound where there is a light. In the recording evidence that Zhang Mou provides, it is not clear that the clerk also is written down whether to enquire one by one with respect to healthy item. Does the insurance contract that both sides signs counterpoise to removing make demarcate: ? of Xie of firewood of calamity bake in a pan sweeps past? of Shao palm more than 30 days to make and be not eliminated all right. The sun that holds water from this contract rises more than 2 years, must not remove contract; Produce insurance accident, assume the responsibility that pays insurance gold. 2017, zhang Mou suffers from major disease to apply for to insurance company, insurance company did not inform an illness according to the facts with Zhang Mou for rejecting claims.
Does Huang Dao adjudicate: after forensic cognizance? Wet O exhibits mound of bureau Ц to pat?0 of wet O battle 10 thousand yuan. The court thinks, the underwriter when insurance contract concludes has authority to have an inquiry to the healthy circumstance of insurant, enquire the beard is clear, specific, policy-holder ought to enquire to the underwriter item undertakes replying according to the facts, be in about the quote responsibility that whether enquires underwriter. Insurance contract removes authority, know to have from the underwriter remove since the day of main content, make and more than 30 days are not eliminated all right, the sun that holds water from insurance contract rises more than 2 years, the underwriter must not remove contract.
"Did not inform according to the facts " exceed two years to should manage compensate
Judge Lv Lili tells a reporter, in reality, insurance agent is when sale guarantee slip, general requirement policy-holder is hit below inquiry item to ticking off, perhaps enquire far from, and after insurance accident happens, underwriter leave no stone unturned searchs policy-holder to did not tell witness according to the facts, regard rejecting claims as reason with this.
The judge thinks, if to gifting because of was not being informed according to the facts the underwriter removes,the deadline of authority spins indefinitely, go against the right that protects insurant and beneficiary beneficiary apparently, also deviate from with contract stability, so insurance law gifts the underwriter removes contract or rejecting claims right while, during the exercise set that is the right, namely after the contract holds water 2 years, exceed this time limit, lose legal right, ought to pay insurance gold to the accident of insurant according to insurance contract agreement. Peninsula Metropolis Daily
