Xinhua Guangzhou on October 31 Xinhua (Kombo) insurance issued by the insurance policies and invoices, but the insured did not actually scheduled to pay premiums, insurance contracts come into effect? Dongguan City Intermediate People's Court recently for a shoe company's case against an insurance company to make judgments, as the insured to pay overdue premiums, even if the insurance companies have received insurance policies, invoices, insurance companies, but does not assume responsibility for payment.
September 8, 2003, Dongguan
Shoe Co., Ltd. to certain policyholders and the insured person's identity, its buildings, machinery equipment, raw materials and other property to a property insurance branch in Dongguan center-risk insurance and property insurance. Single coverage on the "special agreement" stated: "the insured must be the effective date of insurance, the insurer within 20 days to pay the full premium, or automatic termination of the insurance contract." Accepted by the insurance company of a shoe company The insured, the insurance policy issued to him, and out of a shoe company to the payer for the special invoices for the insurance industry. , A shoe company was not in the delivery of premium within 20 days. In the same year on October 24 in the afternoon 3:40 p.m., a shoe company warehouse fire. After the fire, the shoe company on the same day afternoon in the form of remittances through the above-mentioned insurance premiums of the insurance companies transfer accounts. Shoe companies to seek compensation from insurance policies in force in accordance with an agreement to pay insurance premiums, insurance companies that between them have automatic termination of the contract and refused to claim.
After the Court of First Instance heard that, although not as the insured to pay premiums on time, but due to insurance policy holders have been issued by the official premium invoices, insurance policies and statements of policy holders in insurance companies has delivered premium, the policy can be found On payment of the agreed period for the loss of significance, in accordance with the contract of insurance companies still need to agree to assume responsibility for insurance, and insurance companies to the decision of a shoe company to pay insurance premiums and interest 1637733.43 yuan.
Insurance companies refused to accept the verdict of first instance, to the Dongguan City Intermediate People's Court of Appeal. Dongguan Intermediate People's Court after review of the trial that involved the termination of the insurance contract is attached to the conditions of the contract, the achievements of the conditions of the contract termination. Not insured in the contract period to the delivery of insurance premiums, the insurance contract between the parties to terminate automatically, without notice. In this case, the shoe company has not agreed in the contract within 20 days to pay the full premium, which means that the insurance contract null and void. Shoe companies have no right to ask insurance companies to pay insurance money. Therefore, it did revoke the trial decision, rejected the company's footwear all claims.
No comments:
Post a Comment