It must be invalid.

(A) the legal norms of proxy signature

According to the Notice of China Insurance Regulatory Commission 133 on Issues Related to Regulating Personal Insurance Business Behavior, if the applicant needs the consent of the insured before concluding or changing the insurance contract, if the insured designates or changes the beneficiary, it must be confirmed by the insured's autograph, and no one else can sign it. If the insured has no or limited capacity for civil conduct, it shall be signed by his guardian, and shall not be signed by others. If the applicant and the insured are unable to sign due to physical reasons such as disability, their designated agents shall sign.

According to the provisions of the insurance law, there are mainly the following situations that require the consent of the insured.

1. To buy death insurance for others, the insured must agree and recognize the insurance amount in writing, and parents are not subject to this restriction when buying insurance for minor children;

2. The transfer or pledge of death insurance policy shall be subject to the written consent of the insured;

3. The designation or change of beneficiary by the insured shall be subject to the consent of the insured;

4. To insure a third party with illegal marriage, consanguineous relationship, maintenance relationship, maintenance relationship and maintenance relationship, the consent of the insured shall be obtained.

(two) the legal effect and legal consequences of the signature.

The discussion on the legal effect of proxy signature should be divided into the following two situations.

1. Sign on behalf of the insured. Since the applicant is a party to the contract, if the applicant does not sign the contract, it will involve the question of whether the contract is established. Article 48 of the Contract Law stipulates: "Without the authorization of the agent, if the authorization is exceeded or the authorization of the agent is terminated, the contract concluded in the name of the principal is invalid for the principal, and the actor shall bear the responsibility. The other party may urge the principal to ratify it within one month. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the contract is confirmed, the bona fide counterpart has the right to cancel the contract. Revocation shall be made by notice. " Therefore, it is unauthorized for others to sign and conclude insurance contracts on behalf of the insured. Unless it is ratified by the insurer afterwards, it shall be deemed that the insurance contract is not established. Since the contract is not established, it naturally has no legal effect.

It is worth noting that Article 37 of the Contract Law stipulates: "When a contract is concluded in the form of a contract, one party has fulfilled its main obligations before signing or sealing, and the other party accepts it, the contract is established." In insurance practice, although the signature on the insurance application is signed by others, but the insured pays the insurance premium according to the agreement in the insurance contract, according to the above provisions of the Contract Law, it shall be deemed that the insured actually approved the act of signing on behalf of the insured, and the contract shall be deemed to be established. If the insurance contract meets the requirements for entry into force, the insurance contract package is legal and valid.

2. Sign on behalf of the insured. In insurance practice, there are three situations in which the insured signs on his behalf: (1) the applicant signs on his behalf (the applicant and the insured are not the same person); (2) The employee or agent of the insurance company signs on behalf of the insured; (3) The signature of the insured by a third party other than the above circumstances. The proxy signature in these three cases, for whatever reason, which belongs to death insurance according to Article 34 of the Insurance Law without the authorization of the insured, shall be deemed invalid. Except for death insurance, according to Article 48 of the Contract Law, this kind of behavior belongs to unauthorized agency and should be considered as an insurance contract with undetermined validity, that is, the validity of the insurance contract is in an uncertain legal state, and whether it is valid depends on whether the insured ratifies it afterwards. If the insured fails to ratify, the contract is invalid. At the same time, before ratification, the insured has the right to notify the cancellation in writing. Therefore, the insurance contract signed on behalf of the insured is valid if the insured ratifies it afterwards; If the insured does not ratify it afterwards, the contract will be invalid or cancelled.

Article 56 of the Contract Law stipulates: "An invalid contract or a cancelled contract is not legally binding from the beginning." Article 58 of the Contract Law stipulates: "After a contract is invalid or cancelled, the property acquired as a result of the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they should bear their respective responsibilities. " According to these regulations, after the insurance contract is invalid or dissolved, it involves: (1) whether the insurance premium is returned; (2) Liability for fault in contracting. Among them, the liability for fault in concluding a contract is the liability for damages that the parties to an insurance contract should bear when the contract is invalid or cancelled due to fault in the process of concluding the contract.

(3) Remedial measures and practical treatment of proxy signature.

To sum up, no matter whether the applicant or the insured signs the insurance application form, the conclusion procedure of this insurance contract is flawed in law, and its effectiveness is uncertain or invalid, thus laying a hidden danger for the performance of the insurance contract. Therefore, in the process of purchasing insurance, we should try to avoid the occurrence of proxy signature. If a proxy signature strategy occurs, we should take the following measures to deal with it.

1. Apply for supplementary signature. According to the law, the consent of the insured includes prior consent and subsequent consent, in which prior consent is permission and subsequent consent is ratification. In order to avoid disputes and safeguard their legitimate rights and interests, the insured and the insured who have not signed the insurance policy should go to the insurance company for supplementary signing procedures in time so as to keep written evidence. Supplementary signature is essentially an after-the-fact ratification of others' signature behavior, which has legal effect and is protected by law.

2. Negotiate with the insurance company. If the applicant and the insured do not recognize the purchased insurance, they can cancel it according to law or negotiate with the insurance company to surrender it, distinguish the fault and responsibility in the process of contracting, and reach an agreement on the amount of surrender; If no agreement can be reached, you can bring a lawsuit to the court.

(4) Matters needing attention when signing insurance

In order to protect their legitimate rights and interests, the insured should pay attention to the following points when purchasing insurance.

1. No matter how intimate the relationship is, even between husband and wife and family members, it cannot be signed on behalf of them. As mentioned above, the agent signature policy involves the establishment or effectiveness of the insurance contract and has an important impact on the effectiveness of the insurance. In the event of an insurance accident, you may not get paid. Therefore, when purchasing insurance, both the insured and the insured should sign their own names. Without authorization, no one is allowed to sign it, even between husband and wife and family members.

2. If it is really necessary to entrust others to sign, a written power of attorney shall be issued. The power of attorney shall clearly state the insurance company, types of insurance, insurance amount, etc. Except for matters signed by the agent. If the insured insurance includes the liability for death, the insured shall make a special statement that the insurance company will give the insured economic compensation according to the contract agreement in the life insurance contract with death as the object of payment. How much is the insurance contract with premium conditions?

3. Matters related to insurance companies' inquiries are likely to cause disputes about whether to inform them, so the signature should be cautious.