Wang v a life insurance company (case of insurance contract dispute)

Legal consequences of insurance contract signing on behalf of others.

main points

When concluding an insurance contract, the applicant shall personally sign and seal it. If the insurance salesman signs on his behalf, but the insured has paid the insurance premium, it shall be regarded as his ratification of the act of signing on his behalf.

Clauses involved in Interpretation (II): Paragraph 1 of Article 3: If the applicant or the agent of the applicant does not personally sign or seal it, but the insurer or the agent of the insurer signs or seals it on his behalf, it will have no effect on 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.

Briefcase

Zhang, the salesman of the insurance company, and Wang, the insured, are classmates. When Zhang promoted insurance products to Wang, Wang was on a business trip in other places, and Wang asked Zhang to go to his home to find his wife to collect insurance premiums. Zhang went to Wang's home to find Wang's wife and received insurance money, and signed the insurance policy instead of Wang.

Both the applicant and the insured recorded in the insurance policy are kings, and the insurance scope is critical illness insurance. The insurance period is life and the insurance premium is paid for 20 years. The annual premium payable is 2000 yuan. After Wang returned to Beijing on a business trip, Zhang handed over the insurance contract and insurance invoice to Wang.

Since then, Wang has paid the insurance premium normally every year, with a cumulative payment of 12000 yuan. Until 2006, the relationship between Wang and Zhang deteriorated. Wang took the insurance company to court on the grounds that the insurance policy was not signed by himself and demanded a full refund of the insurance premium.

court decision

The court held that Wang's acquisition of the insurance contract text and insurance premium invoice handed over by Zhang after Zhang signed the insurance application should be regarded as his knowledge of Zhang's signing.

In the following five years, Wang paid the annual insurance premium in full and on time as agreed in the insurance contract, that is, he expressed his approval by actively participating in the performance of the contract and signed it on his behalf. Accordingly, the court found that Wang had ratified Zhang's act of concluding an insurance contract for him and decided to reject Wang's claim.

Extended data:

& lt Interim Measures for the Administration of Insurance Institutions of the People's Bank of China > Penalty Rules.

Article 31 The People's Bank of China has the right to impose the following penalties on insurance enterprises and insurance institutions that violate the relevant provisions of these Measures:

1. Make corrections within a time limit;

2. Warning;

3. informed criticism;

4. Confiscation of illegal income;

5. Impose a fine of 3-5% of premium income;

6. suspend business for rectification until the insurance agency is revoked.

The above penalties can be imposed concurrently.

Baidu Encyclopedia-the Supreme People's Court Announces Three Typical Cases of Insurance Contract Disputes