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How to understand the phenomenon of proxy signature in life insurance contract and how to deal with it?
There are two main phenomena of agency signature in life insurance contracts: one is that the applicant signs on behalf of the insured; The other is that the salesman signs on behalf of the customer (the insured and the insured). After the conclusion of the contract, the insured refuses to recognize the signature of others, and the validity of the contract cannot survive. If it is treated as an invalid contract, it is unreasonable in jurisprudence and fact. Article 55 of the Insurance Law should be understood from the legislative intent, and the objection raised by the insured and the insurer to the validity of the contract cannot be established. Signing on behalf of customers by salesmen will seriously endanger the insurer's right of defense. For the phenomenon of agency signature, on the one hand, insurance companies should strengthen management and standardize the exhibition behavior of salesmen; On the other hand, it is necessary to improve the relevant contents and legal norms of the insurance law to ensure the healthy development of the insurance industry. The so-called proxy signature mainly refers to the following two situations: one is that the applicant signs the insurance application on behalf of the insured when signing the bill; Another situation is that when signing the bill, the salesman signs the policy on behalf of the customer (the insured and the insured). Although these two situations are different, they all have the same legal consequences: because the applicant has not signed the insurance application form, the conclusion procedure of this insurance contract is flawed, so its effectiveness is uncertain, thus laying a hidden danger for the performance of the insurance contract. Whether the rights and obligations of the parties to the contract can be performed normally will depend on whether the insured approves the contract after signing the bill, which will have different legal consequences.