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Tuesday, June 7, 2011

Financial risks in life insurance dispute pulled in good

2007 to 2010 in 4 years, China's rapid economic growth in the financial, insurance industry flourished, increasing insurance awareness and rights awareness of the population, increasing life insurance contract disputes. With the enhancement of financial management concepts, as represented by the dividend risk insurance investment class into the life of the mainstream market, has also sparked a series of questions. Head of finance and investment insurance dispute became personal insurance dispute with the enhancement of financial management concepts, as represented by the dividend risk investment insurance to life insurance markets in the mainstream class of financial management, in 2009, in Beijing dividends insurance premiums alone accounted for 57.1% of total life insurance premiums, an increase of 18.2%. Recommended reading insurance weekly: variable amount annuity pilot started Beijing Shanghai five city first wins insurance enterprises violations promotions penalty 500,000 insurance ring "Wang yawei" emerge surface exaggerated income does not to risk silver insurance disputes constantly should first to family "pillar" Shang foot insurance regardless of from lost insurance is zehui Shi Qiming jointly immortal see disk build boutique lecture Meanwhile, as investment financial class insurance of universal type of best selling, due to purchase dividends insurance, and universal insurance, and investment links insurance, investment financial type insurance raised of disputes increasingly increased. 2010 West side Court compared with 2009, a substantial increase of investment type insurance dispute, such disputes have 46% per cent of all cases of life insurance contract. Marketers misleading and important cause of misunderstanding policy holders become surrender and litigation "cases" he encountered while saving money in the Bank one of an insurance company salesman, salesman tried to persuade Chen to buy some of universal finance and investment insurance, salesman, said the insurance and deposit, you can always extract benefits, higher than the deposit receipts and harvest a guarantee. Introduction to Mr Chen heard salesman, feeling this deposit insurance than their simple advantage, so he bought that paragraph whole life insurance, and pay the $ 50,000 premiums, followed by $ 20,000 continue to pay premiums. Pursuant to the contract, these premiums are deducting the cost of the initial by insurance companies. After half a year to be insured, Chen and his wife urgently needed $ 40,000 in cash, think insurance salesman said that paragraph and deposit, you can always extract, and Chen to apply to the insurance company from a $ 40,000 cash. A month later, Chen will be $ 40,000 in cash into the insurance accounts, only to find the $ 40,000 is after deducting the initial cost of $ 3,200 over and over again. Mr CHAN is very puzzling, find a salesman asking, salesman said the $ 40,000 was identified as Chen supplementary premiums, so after deducting initial fees is required. Mr CHAN that he is only back to the insurance also raised funds in the account, not part of the supplementary premium should not be deducting the cost of the initial, the insurance company does not tell the insured to receive some cash then save back to after deducting initial fees again. So Chen to court litigation, requested Decree returned to the charge the initial fee $ 3,200 and the interests of insurance companies. Mr CHAN when the insured signed the proposal and of the life insurance tips, and Chen in the extraction and the return of the 40,000 yuan signed power of Attorney and change of insurance contracts for premium book above written evidence indicates that the insurance company to insurance terms is clearly documented, Chen for $ 40,000 in restitution belongs to the nature of recognition of the additional premiums. Contents of the written evidence inconsistent with Chen constitutes a misunderstood statement, explained Mr CHAN was only a blind signature, believing the salesman's introduction, and without reading the relevant content. Mr Chen contents of unilateral statements and documentary evidence of conflict situations, the Court also rejected Mr CHAN can only be based on documentary evidence of the claim. Insurance agent sales misleading and wrong policyholders for insurance products, is a big reason that raises the life insurance contract disputes, particularly in finance and investment in such insurance disputes. At present China's insurance market is not mature, most consumers lack knowledge of insurance and risk are relatively weak, misunderstanding there for insurance products, when you purchase insurance products tend to only listen to insurance marketers of publicity, no attention to reading the contract, lack of independent, rational analysis. While sales of insurance agent misled is deepened cognitive misunderstanding on this. Financing of investments in new classes of insurance marketing, insurance agent intended to confuse the difference between insurance and savings, insurance agents when the product is sold in banks, often do not identify themselves, simply finance and investment, insurance and savings with the yields of analogy, enables the insured to purchase insurance products send deposit insurance or similar to bank deposits, you can terminate the contract and withdraw cash at any time. Such sales misleading result of insured earnings is artificially improve insured persons not according to their own protection, investment objectives and risk tolerance select insurance products, once found are not consistent with their own understanding, protection or benefits is not up to expectations or unable to continue to pay premiums, and other situations, often choose to rescind the contract. Surrender loss often leads to the insured of dissatisfaction, prompting lawsuits. "Not truthfully informed" is the main reason insured against the insured for various reasons of failure to fulfil obligation is very common, as insurance companies refuse to assume responsibility for insurance and thus caused the main cause of the dispute, but also against the insured, beneficiaries in the action most of the major reasons. Many policy holders at the time of conclusion of insurance contracts unfulfilled obligation is due to a wide variety of, mainly in the following two aspects: first, the insurance company insurance contract guidance to the applicant are not in place or even misleading when. The insurance company at the time of the conclusion of the contract is usually taken as text prompted policy holders should fulfil its obligation. However based on the professionalism of insurance contract and insurance companies in the trading of a dominant position, for insurance policy holders should be how to do it, do what is not entirely clear, text alone is not enough. Policyholders are generally in the actual transactions in insurance agent under the guidance of the insured. Insurance agent for promoting the formation of contracts, extract the benefit orientation of Commission, its steering is often not in place, or even deliberately misleading the policyholders. Lack of awareness is the second part of the insured. At the time of conclusion of insurance contracts, insured persons are often not considered true risk level of the subject matter insured significance for controlling business risks of insurance companies, part of the insured at the time of the insured in order to lower the premiums or avoid false information insurance companies refused to inform the insured of the real situation, even deliberately hide any past important diseasesImportant facts. "Signature" is an important reason against the insurance company "case" to his son Zhang Yi to insure the insured three life insurance, due to the father and son relationship is not very good, temporarily do not want his son to know his property, status, and did not tell his son to insure it. Insurance must be signed by the insured himself, but in the acquiescence of the insurance company clerk, Mr Zhang instead of son checks the name of Zhang Yi at the insured, the insurance company issued an insurance policy. Later, Zhang found the insurance need long-term paid large amounts of premiums, its financial resources are insufficient to support, then sued to court the insurance contract invalid, a decree of insurance companies to refund of the premium and payment of interest. Life insurance contract disputes caused by signing acts far higher than the ratio of other types of contract disputes. Generation of a large number of signatures have the following main reasons: personal insurance number of the parties to a contract more complex and identity, more files required to sign a contract; insurance practitioners ' interest is the cause of "signature" root causes of the phenomenon. Signature phenomenon of proliferation, salesman of the root cause is due to the insurer or insurance agents commissions are profit-driven, the pursuit of hasty signing of attitude taken by the Agency successfully. Signatures are mainly implemented by the two classes of people: one for the insurance company salesman, insurance agent and the other for the insurer's counterpart. Specific including following multiple form: insurance agent generation policyholders signed insured book; insurance agent generation policyholders signed delegate Bank buckle is zoned premium agreement; insurance agent generation policyholders signed statement book, and inform book and about insurance subject of investigation questionnaire; insurance agent generation policyholders signature insurance contract; insurance agent generation policyholders signed insurance interests manual; policyholders of relatives generation policyholders signed insured book, about insured file; policyholders generation was insurer signed this should by was insurer signed of file. Signature acts which may go against instead of the true intention of the signatories, violation of their legitimate rights; on the other hand the objective situation of the insurer on the insurance business wrong judgment, not conducive to the healthy development of the insurance industry. Signing behavior in the cause against the insurance company also occupies a considerable proportion.