If there is really no signature of the applicant and the insured, then the contract is really not established. But the insurance company said it was signed by your relatives, and they didn't know.
List of lawsuits. Zhang, the salesman of the insurance company, and Wang, the insured, are classmates. When Zhang sold a critical illness insurance to Wang, Wang happened not to be at home. So Zhang found Wang's wife to receive insurance money and signed the insurance policy instead of Wang. Insurance is paid 2000 yuan a year, which is 20 years in total. The warranty period is life. After Wang returned home, Zhang handed the insurance contract and the invoice of the Insurance Law to Wang.
Wang continued to pay the premium for 6 years, totaling 1.2 million yuan. Until 2006, the relationship between the two deteriorated. Wang sued the insurance company for full surrender on the grounds that the insurance application was not signed by himself.
How did the court decide?
The court held that after Zhang signed the insurance on his behalf, Wang had obtained the insurance policy and invoice, which was regarded as knowing Zhang's signature. On the other hand, in the next five years, Wang paid the premium on time every year, which was regarded as Wang's ratification of Zhang's signature behavior. The contract is valid and Wang's claim is rejected.
This case originated from the Supreme People's Court Bulletin No.2, 20 14, page 2 1.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Insurance Law of People's Republic of China (PRC) (II) clearly explained this in 20 13: Article 3 If the applicant or his agent fails to sign or seal in person, but the insurer or his agent signs or seals on his behalf, it will not be effective for the applicant. However, if the applicant has paid the insurance premium, it shall be deemed as his approval of the act of signing or sealing on his behalf. If the insurer or the insurer's agent fills in the insurance documents on his behalf, and it is confirmed by the applicant's signature or seal, the contents filled in on his behalf shall be regarded as the true intention of the applicant. However, there is evidence that the insurer or the insurer's agent has the relevant provisions of Articles 116 and 113 of the Insurance Law.
If you think that sales are misleading and deceptive, there are also relevant agreements in the insurance law, and there are many cases in which insurance companies are punished by supervision for misleading sales. But we need proof.