Case: May 20, 2000, Zhang Wang insurance agents in the decision following a recommendation of the family property insurance and risk additional risk of theft, so Zhang on the spot to fill in the single-insured, and pay 695 yuan premium, the insurance on a single set Insurance in the amount of 290,000 yuan, insurance liability for the period at 0:00 on May 21, 2000 to May 20, 2001, when 24. As a result coincides with the weekend, Wang promised that next Monday May 22 and then sent to the insurance Zhang, Wang, after a car accident as a result of the accident, failed policies will be sent to Zhang, and Zhang on May 23 House fire, causing property losses of family 30,000 yuan, Zhang was then made to the request of the insurance claim.
Disputes:
1, not insurance companies to issue policies, and insurance alone does not have the force of law, the insurance contract does not hold, the insurer liable.
2, insurers charge a premium, it should bear the responsibility for insurance, Zhang compensation for property damage.
Analysis:
1, according to the "insurance law" Article 124 stipulates that the insurance agent in the case of the legal consequences of acts of Wang by insurers to bear.
2, according to the "Insurance Law" Article 12 provides that insurance is the insurance contract after the establishment of the insured to the insurer issued a formal written any evidence, not exactly the same as the insurance contract, as long as the insured made an offer, promise for insurers, insurance Contracts can be set up. From the merits of the case, Zhang fill out the insurance that is issued by a single offer, insurance agents Wang Zhang received the premium and promised to be done after the insurance policy to Zhang, can be seen as insurers have pledged to The establishment of the insurance contract.
3, single insured by the insurer after the commitment to become a part of the insurance contract, the same force of law, so in this case based on a single insurance liability insurance as set forth in the Period of time, Zhang insured home when the fire broke out, the insurer's liability insurance Has already begun, the insurance contract is in force.
Conclusion: in this case the insurance contract to set up and already in force, insurance companies should be compensation for loss of property Zhang family 30,000 yuan
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment