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Cast protect not check-up is sure to meet with rejecting claims
From;    Author:Stand originally
On September 20, 2006, city of rich of Shandong province Zi piece the Zhang Tao of store division is in one insurance sale member arouse below, bought the lifelong birthday a place difficult of access that birthday risk company ensures 200 thousand yuan, and consign head period insurance cost.

On May 18, 2007, zhang Tao is in when be away on official business, encounter traffic accident dies. After accident happening, the wife Liu beautiful of Zhang Tao of insurance beneficiary beneficiary informed insurance company instantly, ask insurance company compensate pays 200 thousand yuan insurance gold.

Insurance company receives case hind, had meticulous investigation to this case, the discovery in investigation, casting when protecting, zhang Tao does not have check-up, violated the relevant business regulation of insurance company, accordingly insurance contract cannot hold water, insurance company made rejecting claims decision.

However the author thinks, insurance company is inappropriate to the processing of this case, this insurance contract should be lawful and effective, insurance company should pay insurance gold according to the agreement.

Above all, " insurance law " dozenth a regulation: "Policy-holder puts forward to be sure to ask, classics underwriter agrees with accept insurance, come to an agreement with respect to the clause of the contract, insurance contract holds water. " from " insurance law " the principle looks, insurance contract should be made an appointment with through wanting, acceptance two phase, zhang Tao filled in " insurance application of lifelong birthday danger " it is to should restrict action, insurance application gives go into effect should be restrained when insurance company. If insurance company gives commitment the meaning expresses, and insurance policy service when Zhang Tao, insurance contract holds water.

In this case, insurance company expresses without the meaning that rejects accept insurance all the time, and collection head period insurance premium, already made the commitment that should arrange to Zhang Tao, insurance contract holds water. " insurance law " the 14th regulation: "After insurance contract holds water, policy-holder the underwrite insurance premium according to the agreement, the underwriter begins to assume insurance responsibility according to conventional time, insurance contract holds water and become effective. Insurance contract holds water and become effective..

Next, the business operation regulation of insurance company is system of insurance company interior, these set and did not carry bright in insurance contract, also did not cast in policy-holder when protecting, inform, these regulations do not have sanction to policy-holder.

Additional, the happening of accident of the insurance in this case is not be caused by of insurant oneself disease, accordingly, casting when protecting whether check-up, affect insurance company to pay insurance golden obligation far from.
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