have you been "fooled" by an insurance salesperson? how to judge?
2024-09-27
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at present, many consumers apply for insurance through insurance company salesmen. due to the differences in professional knowledge, quality and ability of salesmen, there are many cases of misleading consumption.if the consumer has terminated the contract, can he still claim that the contract is invalid?
"financial times" reporters learned that the beijing financial court recently heard such a personal insurance contract dispute case. the staff of the hospital introduced the relevant situation in detail to reporters.
case review
in 2011, ms. li purchased a life insurance policy for her lover. the salesperson introduced to her, "pay a premium of 8,000 yuan every year, and you can enjoy lifelong insurance after paying for 10 years." in may 2021, ms. li thought she had paid enough. after 10 years, she called the insurance company to confirm the relevant situation. she was told that the premium did not need to be paid after 10 years, but that it had to be paid for at least 10 years. ms. li quickly looked through the insurance contract signed at that time. the recorded content is "the basic insurance amount is 180,000 yuan, the insurance period is lifelong, the payment period is 'unlimited', and the annual premium is 8,000 yuan." the increase in regular insurance premiums records "you are in after paying the regular insurance premiums payable in each period or accumulating the regular insurance premiums payable in the previous 10 years, you can apply to increase the regular insurance premiums to 8,000 yuan."
ms. li felt that she had been cheated, so she went to the insurance company counter the next day to inquire, only to find that she had been misled by the salesperson who said "10 years of payment". the insurance company gave ms. li two options to choose from: one is to continue paying premiums; the other is to surrender the policy and require the policyholder to exercise the right to terminate the contract at will. ms. li believes that she has paid premiums for 10 years, amounting to 80,000 yuan. if she continues to pay premiums, won’t she get deeper into trouble? rather than doing this, it is better to surrender the policy directly. so ms. li chose to exercise her right to terminate the contract and received a policy with a cash value of less than 40,000 yuan.
ms. li was not satisfied with this result. at this time, by consulting relevant legal provisions, she learned that a contract that requires death as a condition for payment of insurance benefits requires the insured to agree and recognize the insurance amount when the policy holder and the insured are inconsistent, otherwise the contract will be invalid. ms. li suddenly remembered that the salesperson who sold her own insurance at that time did not inform the insured person, that is, her lover, to sign the insurance. so he sued the court to confirm that the contract was invalid and to refund his 80,000 yuan premium.
the court of first instance held that ms. li filed a lawsuit to confirm the invalidity of the contract after the contract was terminated. the insurance contract involved in the case had been terminated and the contractual rights and obligations had been terminated. ms. li filed another lawsuit to confirm the invalidity of the contract. it was no longer necessary to confirm the validity of the insurance contract involved in the case through a court judgment. the court ruled to reject li's lawsuit.
ms. li was dissatisfied with the first-instance ruling and appealed to the beijing financial court.
[judge’s statement]
"the special feature of this case is that the insurance contract has been terminated, whether it is still possible to file a lawsuit for invalidation of the contract. this involves legal and emotional issues, which need to be analyzed and considered one by one." the judge of the beijing financial court told reporters.
first of all, the private interests involved in the right to terminate the contract are remedies for the party's failure to perform the contract; the invalidity of the contract may involve public interests, which fundamentally represents the state's determination of the scope of private autonomy. therefore, it is not always appropriate to use the rescission of a contract to exclude the parties' interest in confirming that the contract is invalid regardless of the circumstances. in this case, if the contract that ms. li requested to confirm is really invalid, the person involved in the casebodyif the contract is really not signed by the lover, then the amount returned will be different from the cash value obtained by canceling the contract.
secondly, even if it is believed that the termination of the insurance contract involved in the case will result in the termination of the contractual rights and obligations, different situations should be distinguished. for the termination of a non-continuous contract, such as a sales contract, the termination of the contract will directly lead to the termination of the contractual rights and obligations. at this time, it may not be necessary to confirm the validity of the insurance contract involved in the case through a court judgment. however, for the termination of a continuing contract, the previous performance of the contract still has legal effect, which does not mean that there is no room and necessity for effectiveness evaluation. for example, in a personal insurance contract with disability as a condition, if the insured is injured and needs to make a claim ten years before the contract is terminated, he can apply to the insurance company, which does not mean that all rights and obligations are terminated. the cancellation of such a contract will only create rights and obligations that will have no legal effect in the future, but the rights and obligations that have been fulfilled before the cancellation will continue to have legal effect.
therefore, it is possible and necessary in this case for the insurance contract involved in the case to have confirmation effect. the beijing financial court ordered the court of first instance to conduct a substantive trial of this case.
this financial institution was fined and many employees were warned!the former party secretary and chairman of a bank was expelled from the party source: financial times clientcorrespondent: wu yinjiaofollow the financial times official account to see more exclusive news and information
