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Data:2009-12-12 2:34
Some consumers do not buy a used car after the transfer to go through the procedures of "Ji Houhou" to opening up the newly purchased vehicles. Once a point of doing so accidents need to claim there will be trouble. General insurance companies will "justifiably" refused claims.
Case: A Shanghai-brand vehicles of the original insured person Lee, the insurance period is January 16, 2002 to January 15, 2003.
December 1, 2002, Mr. Wang bought the car from the Lee and go through the transfer formalities, January 8, 2003, the former to the insurer to change application procedures. But the car on December 5, 2002, in the longevity road accident, report to the insurance company. According to auto insurance clause "in the life insurance contract, insurance and vehicle resale, gifts for others, to change the zoning or increase the level of risk, the insured person shall notify the insurer in writing in advance and apply for correcting"; and "the insured person does not fulfill the terms of second 14 to the 29th of its obligations under, the insurance is entitled to recover compensation paid the insurance. " Therefore, the right car insurance company's "December 5, 2002 incident" not to make claims decisions.
Comments: the transfer of insurance contracts, also known as insurance contracts subject to change. The transfer of insurance contracts is usually caused by subject-matter insured caused by the transfer of the right person, but the subject of transfer of ownership of property insurance does not, of course led to the transfer of insurance contracts, because the subject of transfer of ownership and the transfer of insurance contracts are two legal action ; transfer of ownership is a property rights acts, the transfer of insurance contracts is the transfer of credit and debt relations. Insurance, transfer of ownership depends on the subject of selling and the buyer wishes, the transfer of insurance contracts depends on the insured or the insurer and the insurer with the contract the transferee will, the insurance contract can not be the subject of ownership with the insurance the transfer of naturally occurring transfer. "Civil Law" 91st stipulates: "a contracting party to the contract rights and obligations of all or part of the transfer to a third person, shall obtain the consent of the other contracting party." If the subject of transfer of ownership of the insurance contract did not make the transfer of the insurance , then the insurance contracts will be lost due to an insurable interest of the insurance lapsed; the other hand, if through the transfer process, the insurance contract will remain in force. Therefore, in order to protect the interests of their own bear in mind before you apply for insurance Sheung transfer procedures.