At the same time, the contract with death as the condition of paying insurance benefits must also be approved by the insured in writing, otherwise it will be an invalid policy, and both parties should restore the contract to the state before performance, that is, the insurance company should return the premium collected to the insured; If the insured amount is paid, it must also be returned to the insurance company. In the process of surrendering an invalid policy, the applicant must apply to the insurance company. If surrender is proposed within the hesitation period, the insurance company will unconditionally refund the premium in full; However, for some long-term life insurance products, if surrender is proposed after the hesitation period, it is likely that the policy will consume expenses and generate cash value, which will easily lead to surrender disputes between insurance companies and policyholders, and the policyholders will inevitably bear certain losses. Because some irresponsible agents give up the interests of customers for their own interests and sign for customers in their own names, this is an invalid contract. How do customers get their due rights?
Here it is. Let me talk about what it means to sign on behalf of others and the consequences of signing on behalf of others.
Consulting customers: What is "proxy signature"?
Dr. Zhang Na: Simply put, when purchasing life insurance, you need to have the personal signature of the relevant person on all relevant written materials, but not your personal signature. This is called "proxy signature".
Consulting customers: Why do you need my autograph?
Zhang Na: As one of the contract subjects, if the personal signature of the insured is missing in the insurance contract, the insurance company can regard the "proxy signature" policy as invalid and refuse or surrender the insurance on the grounds that the signature is untrue and the insurance contract is not established.
Consulting customers: What should I do if I buy it for my child? Is the child too young to write?
Zhang Na: Parents can ask their minor children to sign the confirmation information.
Consulting customers: What if the insured and the insured are not the same person?
Zhang Na: When purchasing life insurance, no matter how close the relationship between the insured and the insured is, such as husband and wife, parents, adult children, etc., the insured can't sign for the insured, but should sign in person where their respective signatures are needed.
Consulting customers: "signing on behalf of" seems trivial, but in fact there are many hidden dangers.
Zhang Na: Yes, many people, especially when buying insurance for their families, only "sign on behalf of the insured" where they need to sign for fear of trouble. This has laid a considerable hidden danger. Once the claim is settled, the insurance company can consider the contract invalid, refuse to pay or surrender on the grounds of "signing on behalf of the company".
Customer consultation: I have bought insurance and signed it. What should I do?
Zhang Na: I need to contact the insurance company immediately to change or change my signature.
Lawyer reminds: According to the law, when signing a contract with the insurer on the condition of the death of the insured, the applicant must have the written consent of the insured. It is best for the applicant to sign a contract with death as the condition of paying insurance money, otherwise the insurance contract may be deemed invalid.
If the signature on your current policy is not written by yourself, please contact your insurance agent immediately. Because this is a fatal invalid contract. The insurance company denies it. I warn you with a story, maybe you will accept it more easily:
In May 2007, Mr. Zhang was insured with life insurance and critical illness insurance in an insurance company, but Mr. Zhang didn't know about it and didn't give 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 make a claim and was rejected. Then the two sides went to court. Recently, the Fengtai District People's Court of Beijing ruled that the insurance contract was invalid. On May 2, 20071,Zhao Nvshi filled out an insurance policy in an insurance company. The insured is her husband, Mr. Zhang. The insurance covers life insurance and major illness insurance. It is stipulated in the insurance contract that "if the insured dies or becomes physically disabled due to illness within one year from the effective date of this contract, the insurance company will pay 10% of the initial basic insurance amount of this contract, and will refund the premium paid without interest." After the insurance, Ms. Zhao paid the insurance premiums of 665,438+000 yuan in 2007 and 2008. On February 2, 2009, Mr. Zhang was hospitalized. He was diagnosed with myelodysplastic syndrome and type II diabetes. After leaving the hospital, Mr. Zhang's application to the insurance company was rejected. The insurance company believes that after Mr. Zhang filed a claim, the insurance company talked to him. Ms. Zhao said that she insured Mr. Zhang, and Mr. Zhang did not know. Mr Zhang's signature on the insurance policy is also Zhao Nvshi's signature. The insurance company believes that Ms. Zhao's insurance behavior violates the mandatory provisions of Article 56 of the Insurance Law on the validity of insurance contracts and refuses to pay compensation. To this end, the two sides went to court. After trial, the judgment court held that, according to Article 56 of the insurance premium, "without the written consent of the insured and the approval of the insured amount, the contract with death as the condition for paying the insurance premium is invalid". The insurance contract signed by Zhao Nvshi for her husband's insurance includes an agreement to pay the insurance premium on the condition that the insured dies. However, when applying for the insurance, Mr. Zhang didn't know it. The signature on the insurance application was not signed by Mr. Zhang himself, and Mr. Zhang didn't agree and approve the insurance amount in writing, so the insurance contract should be invalid. The insurance premium charged by the insurance company for the insurance contract shall be returned. Finally, the court ruled that the insurance contract was invalid and the insurance company returned 6 100 yuan to Zhao Nvshi.
All right. As long as you look carefully. I'm sure you understand. It's dangerous. I suggest that everyone must act in accordance with legal procedures, so as to ensure that their rights and interests are not infringed. I would like to take this opportunity to remind everyone that in the process of purchasing insurance, we must fully fulfill the right to fill in the insurance application form and sign it in person, so as to ensure the authenticity and validity of the insurance contract, avoid disputes caused by signing on behalf of others and avoid unnecessary losses. I hope I can help you.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.