Times of an ancient name for China (Chinatimes.net.cn) report of Beijing of reporter Wu Min
Half short lunar time, sun Jun (alias) cast in many insurance company kept total 700 much insurance, nevertheless, the distance is cast protect last insurance not to spend time 3 days, sun Jun encountered traffic accident, die unfortunately.
After the event, compensate of manage of insurance company of requirement of Sun Jun's family member, but insurance company is being cast with Sun Jun when protecting, all did not arrive tell obligation according to the facts for, rejected the manage compensate application of its family member.
Recently, court of Dalian city intermediate people undertook to this one case final judgment adjudicates.
Specific in light of, on June 8, 2017, sun Jun is in Dalian city an insurance company is cast protected a be satisfactory to both sides to be sure, keep the specified number basically 100 thousand yuan, beneficiary beneficiary is its daughter Sun Dan.
This insurance contract agrees, if insurant drives to drive oneself,the accident is harmed outside sending the trade, and accident happening is inside year of first guarantee slip and insurant age is not full 70 one full year of life, the insurance company primary insurance according to this contract of amount give fivefold pay this insurance gold, namely insurance company needs to pay 500 thousand yuan of manage reparations.
The contract returns an agreement, if the die of insurant or total damage by one of following accounts be caused by, contract effectiveness is stopped, insurance company does not assume the responsibility that pays insurance gold, include to kill intentionally among them; From incomplete; Active suck, take, inject drugs; Drive after wine etc.
In addition, the contract returns an agreement, if policy-holder hides a fact intentionally, nonperformance tells obligation according to the facts, because weigh big error to was not fulfilled,perhaps tell obligation according to the facts, enough affects insurance company to decide to whether agree with accept insurance to perhaps raise premium rate, insurance company has authority to remove contract.
Unfortunate is, go 3 days merely, sun Jun encounters traffic accident in Heilongjiang Yi Chun, he drives at that time nimble amounts to a car to build road travel along dragon of new green division, fight beautiful river bridge to new green division all right to east either end of a bridge, bump in bridge of the river that fight the United States to east on bridge a block of wood or stone, cause car to bump into caustic, sun Jun is badly-wounded rescue sending medical service is invalid, died on June 14, 2017.
After the event, insurance company of requirement of Sun Dan of insurance beneficiary beneficiary manages according to insurance contract compensate, but the rejection that sufferred insurance company.
The reason that insurance company gives out has at 2 o'clock, it is course investigation, insurance company discovers Sun Jun ever had had drug taking history, 2 it is Sun Jun comes from May 24, 2017 on June 8, 2017 in the time of half month, cast in company of 8 birthday risk keep accident of high specified number die insurance and major disease insurance, accident die is sure to keep the specified number aggregate 7.595 million yuan, and cast when protecting, all did not inform already cast in other company protect.
Be based on this, on August 2, 2017, insurance company issue to Sun Dan " manage compensate advice note " reject manage compensate, inform remove insurance contract, reimburse insurance cost.
Nevertheless, sun Dan sues insurance company court of district of Dalian city sanded bayou, demand the other side pays insurance manage reparations 500 thousand yuan.
Court of first instance thinks, party ought to fulfil respective obligation in the round according to contract agreement, do sth without authorization is changed or must not remove. After insurance accident happens, insurance company behoove agrees according to insurance contract, to die beneficiary beneficiary Liu Dan pays insurance compensation.
Sun Jun is short-term inside concentration is cast many times protect jural do not have prohibit sexual regulation. Next, policy-holder informs compulsory limits, make an inquiry with the underwriter and the underwriter does not know to be important document. And the main purpose that informs item to establish also is to facilitate underwriter nucleus is protected. As have specialization intellectual insurance company, accountability, capable, make true value and judgement to specific danger, whether should have someone else body attended to be sure to Liu Gang before signing and issue guarantee slip namely careful examine obligation.
Reason court first instance adjudicates, insurance company pays RMB of compensation of Sun Dan insurance 500 thousand yuan.
Nevertheless, insurance company refuses to obey, mention appeal.
2 careful court offerred completely as opposite as court of first instance view.
Via checking, sun Jun is cast in many insurance company protect, when the life-insurance, accident danger that whether was already bought before insurance clerk enquires his however or prepares to buy other insurance company or healthy insurance, clear answer " without " .
In addition. Sun Jun ever was detained by administration because of suck drugs on June 25, 2012, whether to once take banned medicaments of etc of drugs, anaesthetic in insurance clerk inquiry however, when whether medicaments is depended on or accepting poison of Buddhist monastic discipline to treat, clear answer " without " .
The court thinks, conclude insurance contract, the underwriter is safe of mark or the concerned circumstance of insurant puts forward an inquiry, policy-holder ought to be informed according to the facts.
Tell obligation what the money before policy-holder perhaps was not fulfilled intentionally because of gross error sets according to the facts, enough affects an underwriter to decide to whether agree with accept insurance to perhaps raise premium rate, the underwriter has authority to remove contract.
Policy-holder was not fulfilled intentionally tell obligation according to the facts, the insurance accident that before the underwriter removes to the contract, produces, do not assume compensation to perhaps give the responsibility that pays insurance gold.
Recently, final judgment of intermediate people court adjudicates Dalian city, cancel first instance adjudicates; Reject Sun Dan's lawsuit to request.