Category: Insurance tips Release Date: 2006-08-01
Insurance contracts can be divided into a contract to change the subject, object and content changes.
Subject to change
The main body of insurance contracts, including insurance, the relationship between the parties and insurance people. Insurance, the parties refer to contracts for insurance and insurance contracts are entitled to assume the rights and obligations established by people, including insurers and policyholders. Insurance relationship is defined in the insurance or accident insurance contract when the conditions are met, the insurance people to enjoy the right to request payment of insurance premiums, including the insured and beneficiaries. The main body of the insurance contract is different from the provisions of the legal procedures involved in the change is not the same.
Changes in policyholders belonging to the transfer of the contract or the transfer of insurance policies, such as the transfer of property ownership or management of the right to insurance contracts at the same time the property be transferred to the new assignee. "Insurance Law" 33rd stipulates that the transfer of subject-matter insured shall notify the insurer, the insurer agreed to continue underwriting, the law changes to the contract.
Changes in the insured person can only occur in property insurance contracts. In the life insurance contract, insurance, an insurer subject Jibei life or body, which is the basis for establishing insurance relationship, we can not change. In the property insurance contract, insurance, change the subject in fact means that the insured to change, as the policyholder on the insurance with the subject of the insurance benefits because the insurance is the object of transfer and elimination, but the insurance benefits still exist, as the assignee all.
Change the beneficiary, according to "Insurance Law" 62nd stipulates that the insured person or the insured can change the beneficiary and the insurer a written notice. The insurer received written notice, to change the beneficiary, it should be in the insurance policy endorsement. Policyholders to change beneficiaries is subject to the consent of the insured.
Object changes
The object of insurance contracts of insurance benefits, insurance interests of all policyholders, its changes must be due to changes in the insured.
Content changes
Changes in the content of insurance contracts of insurance of all items specified in the contract changes. "Insurance Law" Diershitiao provides that in the life insurance contract, the insured and the insurer endorsed the consensus, you can change the content of insurance contracts. Change the insurance contract should be decided by the insurer in the original insurance policy or other insurance certificate, endorsement, or affixed to a single batch, or by the insured and the insurer entered into a written agreement to change. This provision is to change the contents of the general principle that must be agreed upon between the insurer after the endorsement, or affixed to a single batch, or change the parties have entered into a written agreement. Changes in the content of insurance contracts subject to consent of the insurer, so that the insurer will appear intentional, or intention to delay the case, for the sake of convenience and security relations between the actual determination of some countries provide for certain circumstances, if only in the property insurance contract , after a certain period, such as insurers, which means there is no opposition deemed to have consented.
Changes in the content of insurance contracts are two categories, first, the practical needs of the insured because of his proposed changes, and second, due to the occurrence of certain statutory conditions, the insurance contract shall be made a party to change, the other party shall not refuse to change.
Changes in the content of insurance contracts, including changes in premiums and other content changes, mainly the premium changes. The legal situation to be changed are:
(1) the increase in premiums: the insured, the insured person is not in accordance with agreement to meet its security obligations subject-matter insured, the insurer is entitled to request for additional insurance premiums or terminate the contract (35th section); insurance risk of the subject degree of increase, the insured person in accordance with the contract shall promptly notify the insurer, the insurer the right to request for additional insurance premiums or terminate the contract (article); insured age of the insured person declared untrue, leading to the insured to pay Less than deal with insurance premium, insurance, and ask the insured is entitled to correction of back premiums, or insurance premiums paid when actually paid in accordance with the ratio of insurance premiums and to cope with payments (53rd article).
(2) The premium reduction: It is to determine the premium rate of change in the situation, insurance, significantly reduced the target level of risk, or insurance, the insurance value of the underlying significantly reduced, in addition to the contract agree otherwise, the insurer should reduce the insurance fees, calculated according to Japan to return the corresponding insurance premiums.
The insured because of their actual need to introduce change request is mainly a result of changes to the insurance amount of the premium changes.
(1) the increase in the amount of insurance: If the insured value of the market prices, the insured may be made in accordance with or not in accordance with the increase in the proportion of insured value increased insurance premium, then it should increase the insurance premium; the insured value can also be no increase in the insurance circumstances within the limits of the insured value of the request proposes to increase the amount of insurance.
(2) to reduce the amount of insurance: as a result of a reduction in the value of the insurance, or Although there is no reduction, the insured may also make a request to reduce the amount of insurance, but some people do not accept the insurance policy provides insurance to reduce the amount of the request, such policies are mostly life insurance policies.
