How effective is an unsigned policy?
Ren bought accident insurance for himself through insurance agent Tian. When filling out the insurance policy, let Tian fill it out for him. After filling it out, Tian Ranren signed the signature of the insured, but Ren forgot to sign it. Tian also failed to find out, so he returned the insurance policy and insurance premium to the company. The insurance company subsequently issued an insurance policy. Three months later, Ren died unexpectedly, and his family's request for compensation from the insurance company was rejected. The reason for the insurance company's refusal is: Article 56 of the Insurance Law stipulates: "Without the written consent and approval of the insured, the contract with death as the payment condition is invalid." The applicant fails to sign the application form, and the accident insurance also takes accidental death as the payment condition, so the insurance contract is invalid. Therefore, a lawsuit has taken place. The reason given by the insurance company for refusing compensation is Article 56 of the Insurance Law. A correct understanding of this article is the premise of our analysis of this case. Here is an analysis of Article 56 of the Insurance Law. The words "written consent of the insured" appeared in Article 56, giving the impression that any insurance with death as the payment condition requires the insured to sign the application form. In fact, the scope of application of Article 56 is limited to contracts insured for third parties. For example, if a daughter insures her father, the insurance contract will be valid only after the father agrees to sign it in writing and recognizes the insurance amount. The reason why the insurance law stipulates this is to prevent the insured from killing the insured in order to seek insurance money after insuring for a third party. If the insured agrees to insure him, it means that the two are closely related, at least in the view of the insured, the insured will not hurt himself. However, in insurance practice, it is more common for policyholders to buy insurance for themselves. In this case, the applicant and the insured are the same person, and whether the payment conditions of the insurance contract involve death does not require "written consent and approval of the insurance amount". Because you can't get insurance money for suicide. This case involves this case. The insured bought accident insurance for himself. Therefore, the insurance contract is naturally valid without his own written consent and signature confirmation. Insurance companies refuse to pay compensation on the grounds of this article, which is a misunderstanding of Article 56 of the Insurance Law. The reason why the insurance company claims that the insurance contract is invalid is untenable, and the validity of this insurance contract has not been solved. Is the insurance contract that the applicant has not signed on the application form valid? This question is divided into two steps: first, is the insurance contract established? According to the current "Insurance Law" Article 13: "The applicant makes an insurance request, the insurer agrees, the contract is agreed, and the insurance contract is established". It can be seen that the conditions for the establishment of an insurance contract are offer and acceptance. The insurance law does not stipulate that an offer and an acceptance must be in writing. The study of contract theory also shows that both offer and acceptance can be oral. In this case, Ren, as the insured, expressed his intention to insure, and a valid offer can be formed without written signature confirmation. The promise of an insurance company can take many forms, for example, the salesman of the insurance company agrees to underwrite, the agent of the insurance company agrees to underwrite, or the insurance company issues a policy. In this case, the agent of the insurance company has agreed to underwrite, and the insurance company has issued a policy, which fully shows that the insurance company has promised that the insurance contract is established. Some readers can't help asking, in the process of insurance, what does the applicant's signature on the insurance book mean? What are the legal consequences of not signing? Generally speaking, the applicant's signature on the insurance policy has two meanings: one is to show that his answer to the insurer's question is true and there is no false information; Second, it shows that the insurer has clearly stated the insurance clauses, including the exemption clauses, and the insured has understood the contents including the exemption clauses. Accordingly, if the insured fails to sign the insurance application, there will be two legal consequences. First, the applicant does not guarantee that the answer is true. But this does not affect the establishment of an insurance contract, because signing an insurance policy is not an important element for the establishment of an insurance contract. Second, the insured does not understand the terms of the insurance contract, especially the exemption clause, and can ask the insurer for compensation on the grounds that the insurer has not clearly stated it in the future. Needless to say, it is extremely unfavorable for the insurance company that the insured does not sign the insurance policy. Secondly, is the insurance contract in this case valid? According to the provisions of the contract law, a general contract takes effect as soon as it is established. At this point, if the insurer has no additional conditions, the insurance contract has come into effect. However, the insurance contract is a special contract, and the insurer usually attaches effective conditions to the terms. These effective conditions include: the insured will take effect after paying the insurance premium, the insurance policy will take effect after being issued, or it will take effect after a specific period. However, it is generally believed that once the insurer issues the insurance policy, the insurance contract will take effect. In addition, the insured in this case has paid the insurance premium, and the insurance accident occurred three months after the issuance of the insurance policy. Therefore, the author believes that the insurance contract has come into effect. If an insurance accident occurs after the insurance contract comes into effect, the insurance company shall be liable for compensation. The applicant's failure to sign the application form cannot be the reason for the insurance company to refuse compensation.