The insurance contract signed on behalf of the insured is invalid. When purchasing insurance, it often happens that the policyholder and the insured are not the same person, and it is often the policyholder who fills out the application form. Since many policyholders are not aware of the requirement for the insured to autograph, if the salesperson neglects to remind them, it will lead to the occurrence of policies signed on behalf of others. There are also some agents who mislead the policy holder into signing on behalf of the insured in order to promote the policy as quickly as possible so as to complete the performance. According to the provisions of the Insurance Law, when purchasing insurance, the policy holder must truthfully disclose the issues involved in the terms, so the policy and additional clauses must be signed by the policy holder himself.
At the same time, a contract that requires death as a condition for payment of insurance benefits must also obtain the written consent of the insured and acknowledge the insurance amount. Otherwise, the policy will be invalid, and both parties shall restore the contract to the state before performance. That is, the insurance company should return the premium collected to the policyholder; if the insurance amount is paid, the amount must also be returned to the insurance company. During the process of surrendering an invalid policy, the policyholder must submit an application to the insurance company. If you propose to surrender the policy during the hesitation period, the insurance company will unconditionally refund the premium in full; however, for some long-term life insurance types, if you propose to surrender the policy after the hesitation period, it is likely that the policy will have consumed expenses and generated cash value. This can easily cause surrender disputes between insurance companies and policyholders, making it inevitable for policyholders to bear certain losses. Because some irresponsible agents abandon the interests of their clients for their own interests and sign for clients in their own names, they do not know that such contracts are invalid. How can customers obtain their rights and interests?
Here. Let me explain to you what agency signing is and the consequences of agency signing.
Customer consultation: What is "signature on behalf of someone"?
Dr. Zhang Na: To put it simply, when purchasing life insurance, all relevant written materials need to be signed by the person concerned, but it is not actually signed by the person himself. This is called a "signature on behalf of someone".
Consulting customers: Why do I need my autograph?
Zhang Na: As one of the contract subjects, if the insurance contract lacks the autograph of the policy holder, the insurance company can treat the "signature" policy as untrue on the grounds that the signature is untrue and the insurance contract is not established. If the policy is invalid, the policy will be refused or surrendered.
Customer consultation: What if I buy it for my child and the child is very young and cannot write?
Zhang Na: Parents can "sign on their behalf" to confirm information for their minor children.
Customer consultation: What if the policy holder and the insured are not the same person?
Zhang Na: When purchasing life insurance, no matter how close the relationship between the policyholder and the insured is, such as husband and wife, parents and adult children, the policyholder cannot sign for the insured. Signature place autograph.
Customer consultation: "Signing on behalf of others" may not seem like a big deal, but there are many hidden dangers.
Zhang Na: Yes, many people, especially when buying insurance for their family members, "sign" all the places where the insured's signature is required because they are afraid of trouble. This creates considerable hidden dangers. Once a claim occurs, the insurance company can use the "signature on behalf of" as an excuse to deem the contract invalid and refuse to pay or cancel the policy.
Customer consultation: What should I do if I have purchased insurance and signed it on my behalf?
Zhang Na: You need to contact the insurance company immediately for a re-signing or signature change.
Lawyer reminder: The law stipulates that the insured must obtain the written consent of the insured when signing a contract with the insurer that uses death as a condition for payment of insurance benefits when a third party is regarded as the insured. When the policyholder handles a contract that requires death as a condition for payment of insurance benefits, it is best to have it signed by the insured, otherwise the insurance contract may be considered invalid.
If the signature on your current policy is not written by you, please contact your insurance agent immediately. Because this is a fatally invalid contract. The insurance company will not admit it. Let me use a story to warn you, which may be more acceptable to you:
In May 2007, Ms. Zhao purchased life insurance and critical illness insurance for her husband, Mr. Zhang, from an insurance company, but Mr. Zhang himself There was no knowledge and no written consent afterwards. In February 2009, Mr. Zhang was diagnosed with myelodysplastic syndrome and was hospitalized. After Mr. Zhang was discharged from the hospital, he asked the insurance company to settle the claim but was rejected, and the two parties went to court. Recently, the People's Court of Fengtai District, Beijing ruled at first instance that the insurance contract was invalid. Case Facts: On May 21, 2007, Ms. Zhao filled out an insurance application form at an insurance company. The insured was her husband, Mr. Zhang, and the insurance types were life insurance and critical illness insurance. If death or total disability occurs due to illness during the year, the insurance company will pay 10% of the initial basic insurance amount of this contract as death or total disability insurance, and return the paid insurance premium without interest, and the validity of this contract will be terminated." Ms. Zhao. After taking out the insurance, I paid a total of 6,100 yuan in insurance premiums for 2007 and 2008. On February 2, 2009, Mr. Zhang felt unwell and was hospitalized. He was diagnosed with myelodysplastic syndrome and type 2 diabetes. After being discharged from the hospital, Mr. Zhang applied for a claim from the insurance company but was rejected.
The insurance company believes that after Mr. Zhang filed a claim, the insurance company talked to Ms. Zhao. Ms. Zhao said that she insured Mr. Zhang without Mr. Zhang’s knowledge. Mr. Zhang’s signature on the insurance policy was also signed by Ms. Zhao. The insurance company believed that Ms. Zhao’s insurance behavior violated the mandatory provisions of Article 56 of the Insurance Law regarding the validity of the insurance contract and refused to compensate. For this reason, both parties went to court. The judgment court held after trial that according to Article 56 of the Insurance Premiums, "a contract that requires death as a condition for payment of insurance benefits shall be invalid without the written consent of the insured and recognition of the insurance amount." The insurance contract that Ms. Zhao signed for her husband contained an agreement to pay the insurance premium upon the death of the insured. However, when Ms. Zhao purchased the insurance, Mr. Zhang did not know about it, and the signature on the insurance policy was not signed by Mr. Zhang himself. Mr. Zhang did not agree or approve the insurance amount in writing, so the insurance contract should be invalid. The insurance premiums collected by the insurance company for the insurance contract shall be refunded. In the end, the court ruled that the insurance contract was invalid and the insurance company returned 6,100 yuan to Ms. Zhao.
Okay. As long as you read it carefully. I think you must understand. Due to the danger involved, it is recommended that everyone must act in accordance with legal procedures to ensure that their rights and interests are not infringed. I would like to remind everyone: In the process of purchasing insurance, you must fully fulfill your right to fill in the policy and sign in person to ensure the authenticity and validity of the insurance contract, avoid disputes caused by signatures, and avoid unnecessary losses. Hope this helps.
Extended reading: How to buy insurance, which one is better, and step-by-step instructions to avoid these "pitfalls" of insurance