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Data:2009-12-12 2:34
Editor's Note
Articles occasional book for the new push "Case Analysis" section. This section seeks to start from the real case of insurance, please experts in a targeted manner that rules about law analyze layers of dissection, in order to protect the people pointing maze, eventually be able to help you understand understood encountered in a variety of insurance ambiguous and difficult to understand and difficult question, in order to get positive solution, leads to the necessary thinking and useful lessons. Accordingly, readers welcome the active participation of manuscripts about their different and interesting story of a useful case.
Case
May 21, 2003, Mr. Chow for his wife to a life insurance scheme for life insurance 100,000 yuan additional 100,000 yuan personal accident insurance, payment in the form of annual payments.
Mr. Zhou in early 2004 to buy a new set of commercial housing, and in 2 months after the family moved into their new homes, failure to notify the new address and contact insurance companies. By the end of May 2004, insurance companies, according to the policy address of the registered twice Mr. Xiang Zhou issued a renewal premium reminders, and the dispatch of liaison door inquiries in the region. October 2, 2004, Zhou's wife suffered a car accident, but she died. Subsequently, Mr. Zhou bring along supporting documents to the insurance claims for death insurance money totaling 200,000 yuan.
Focus
The policy is yet to pay more than the grace period lapsed? Insurance companies bear the responsibility?
Notes
Premium grace period, refers to the insured pays the insurance premium for the first time after the failure to pay installments when the insurance premium, the contract agreed to grant the 60-day grace period to pay the overdue premiums. The purpose is to inadvertent defaults of all insurance policies provide some protection, in addition, the economy in trouble for all insurance policies provide a relatively well-off fund-raising time. During the grace period, the insurance contract is still effective.
Contract is suspended, after a grace period and not yet paid the premium premium, according to China's "Insurance Law" stipulates that insurance companies have the right to suspend contractual effect. Within two years after the termination of the insurance company, the insured can apply for the effectiveness of recovery, but need pay up for unpaid premiums and interest.
Termination of Contract, the contract after the termination of the effectiveness of the two sides failed to reach agreement within two years, the insurance company have the right to terminate the contract.
Analysis
For the case circumstances, the insured, Mr. Zhou to buy new homes because of change of address, but have not received renewal premium reminders, and more than a grace period not to pay, it is very typical case of application for settlement of claims.
For this failure the question whether insurance contracts, is now used for the following analysis: In the life insurance contract, in accordance with the agreed payment of insurance premiums is the most basic obligation of the insured to perform the contract. The insurers that such insurance products, expressly provides that policy holders address or mailing address changes should be promptly notified in writing insurance companies, policyholders without the aforementioned notification, the insurance company in accordance with the policy set out in the last address or mailing address reminders sent shall be deemed to have been served to protect. Although many insurance companies will send someone to remind policyholders to pay premiums that year, but the insurance contract does not include an express agreement.
"Insurance Law" provides that: after the first installment premium due is not paid, self-insurance premiums due for sixty days from the day after the grace period, grace period, this contract is still valid. For the insured person occurring during the grace period of insurance accident, the insurer still bear liability insurance. If the premium is not paid more than the grace period, then the insurance contract upon the expiry of the grace period from the time when the effectiveness of the 24-day suspension.
The effectiveness of insurance contracts terminated within two years, policyholders may be submitted to the insurance company reinstate a written application. If the insurance contract within two years after the effectiveness of the suspension, reinstate policyholders did not make an application, then the insurance contracts from the day of the suspension period of two years full time when the effectiveness of the termination of 24. Insurance company will refund the policy's cash value.
In this case, Mr. Zhou after the expiration of the grace period, not to pay insurance premiums, the insurance contract is suspended, the insurance company assumes no liability.
Think
Now, buy insurance, more and more people in Shanghai, but most people buy insurance after that sit back and relax, and will be thrown into the insurance policy, "safe", and never read, and only in the event of an accident after the insurance policy would think. Policy so cold, and often will bring a series of problems.
Insurance contract giving policyholders in the event of an accident under the policy can be compensated accordingly, but also agreed the insured should be within the period of insurance contracts to fulfill corresponding obligations. Little do they know the insurance contract agreement a condition of any change of policy holders have an obligation to promptly notify the insurance company, otherwise it will affect the effectiveness of the insurance contract. Therefore, the public in an insurance policy, you should do from time to time to read the insurance contract. On the one hand, once the appropriate conditions for change needs to immediately fulfill its obligation of informing timely notification of insurance companies, so that their rights have been damaged. On the other hand, often read, but also conducive to policy-holders check whether the existing policies to adapt to the current needs of policy holders, whether it needs to be updated and supplemented.
Should be noted that the insurance company lost contact of the policy holders are encountered, it should do more, for example, whether the adoption of certain special occasions (such as the policy holder's birthday, the anniversary of entry into force of insurance contracts, etc.) to track customer information, this may be a need to further strengthen the work of insurance companies.
