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Data:2009-12-12 2:34
Q: Mr. Zhu lives in Changning Road, sorting out insurance policies recently found that in 1997 his wife purchased an old-age pension insurance products, signed in Beijing on education policy, when his wife, and therefore signed on behalf of Mr. Zhu. The insurance contract is legally valid? Does he need to go to insurer fill signature procedures?
A: The Insurance Law stipulates that contracts for insurance when the insured, the insured person should be handwritten signature, especially the death of the conditions for the payment of insurance contracts, the insured person must be handwritten signature, or signatures should be completed formalities to go through.
However, the China Insurance Regulatory Commission on complement signature procedures are also an important provision, that is, November 1, 2000 as the boundary before the date of issuance of the insurance policy, as my signature; that date, you must apply the procedures complement signed . By the insurance company and the customer re-confirmed the two sides may sign procedures for handling completed, the contract was valid from the beginning. As Mr. Zhu for his wife to buy pension insurance in 1997, though it is on behalf of the signature, the insurance contract is effective.
But in the November 1, 2000 after the insurance consumer, and the insurance policy was not autographed by the insured person is determined by family members or an agent on behalf of the signatures, they should as soon as possible and the insurance company customer service department or their agents to obtain link added signature handling procedures and need to fill out a single insured.
As the fill handle insurance contract signed before the procedure is equivalent to void the contract, therefore, through such means as demonstration on behalf of the handwriting identification sign is the case, the insurance company will usually be re-underwriting of insurance contracts, while the insured has the right to reconsider at this time it entered into insurance contracts.
If the parties do not dispute that the insurance contracts entered into prior to the time from the resumption of effect; If the insurance companies underwriting again, found the problem, have the right to be taken under the policy holders of the fee increases, reduce the amount of insurance is partly responsible for cancellation, and even refused insurance coverage. Similarly, if consumers do not want insurance at this time that the insurance company should pay before the return to consumers the full premium.
However, when the insured person who, without civil capacity or limit the capacity for civil conduct, or the insured, the insured person due to physical disability unable to sign, can be entrusted on behalf of legal persons approved by the signature. In addition, the encounter took place already in force insurance contracts of such change of address, etc. will not affect the legal effect of the policy, the agent received such authority, but also may be able to sign.