When checking the insurance policy, it was found that the name of the deceased A was filled in the column of the insured, and the name of the insured was also filled in the column of the insured, while the name of her husband B was signed in the column of the signature below the insurance policy, and the column of the signature of the insured was blank. The sales department of the insurance company confirmed that it was her husband who went to the sales department to buy insurance.
According to the first paragraph of Article 56 of the Insurance Law, an insurance company concluded that the insurance policy was invalid without written consent and recognition of the insurance amount, and refused to pay compensation. (It is understood that insurance company B thinks the case is suspicious and reports it to the public security organ. )
As far as the reasons why insurance companies refuse to pay compensation are concerned, individuals have the following questions:
First, who is the applicant for this declaration?
At the beginning of the policy, the name of the deceased A is filled in the insured column, and the name of her husband B is signed in the insured column at the end of the policy. Who is the insured?
If A is the insured, is it necessary to sign the insured column at the end of the policy? If so, the logic is that "the insured needs his written consent to insure his own interests on the condition of death", which is obviously unnecessary. So if the insured is the deceased, the insurance policy should be valid.
If her husband is the insured, it seems that the provisions of Article 56 of the Insurance Law can be applied, and the policy is invalid.
Personally, the insured should be the deceased. "The applicant refers to the person who has entered into an insurance contract with the insurer and has the obligation to pay the insurance premium according to the insurance contract". In this case, who signed the insurance contract with the insurer and who paid the insurance premium? Whose property is this insurance premium paid from? Is it necessary to verify it? What if it is paid from the property jointly owned by husband and wife? Therefore, it is decided that the applicant can only be the person specified in the policy, that is, the applicant column. Although her husband actually went to the sales department to buy insurance, although the signature column at the end of the policy is her husband B, the insured of this insurance contract should also be the deceased A. Her husband is only the agent who bought insurance for him, not the party to the insurance contract.
Second, the insurer's audit is not strict when underwriting.
If the insurer strictly examines the underwriting, the above situation will not occur, and since the insurance company has issued a policy for it in this case, can it be regarded as giving up the right to refuse compensation because the applicant has not signed it? In this case, can the waiver and estelle principle be applied? If so, even if the applicant of this policy is a deceased husband, it seems that the insurer should not claim that the policy is invalid and refuse to pay. Is it too rigid to apply Article 56 of the Insurance Law to refuse compensation?
Third, many policies in group insurance are not signed by the insured.
In group insurance, especially in the case of bearer insurance, most policies are not signed by the insured. In this case, if the insured dies unexpectedly, can these policies be declared invalid according to Article 56 of the Insurance Law? In practice, we have never seen an insurance company claim that the policy is invalid.
Therefore, personally, the reason why the insurance company refused to pay compensation in this case seems to be not correct. If you have any doubts about the case, you should be cautious. I think it is safer to report the case to the public security organ according to the practice of Company B. ..
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.