If the third party constitutes an apparent agent in the handling of insurance business, the insured shall notify the third party of the validity of the termination of the insurance contract and the insurer.
Published:
2021-12-27
[brief case]] On August 22, 2016, Wang mou signed an insurance contract with an insurance company to insure employer's liability insurance. the insurance period is from August 23, 2016 to August 22, 2017. the insured amount of each employee is casualty 800000 yuan, the insured amount of medical expenses is 80000 yuan, and the total insurance premium is 161280 yuan. the second paragraph of article 24 of the employer's insurance clause states that "if the applicant requests to terminate the insurance contract after the insurance liability starts, the insurance contract, the insurance contract shall be terminated, the insurer shall charge the premium for the period from the date of commencement of the insurance liability to the date of termination of the contract at the short-term rate specified in the table below, and refund the remaining portion of the premium. The part of the insured period of less than one month is charged on a monthly basis"; in addition, the two parties also signed a "payment agreement", which stipulates that the insurance premium shall be paid in installments. The agreement states: "The insurer and the insured have agreed to reach a cost payment agreement. This agreement is an integral part of the insurance contract. The insurance premium under this insurance contract will be paid by the applicant in the following way: the insurance premium will be paid in installments 1. the premium amount will be 48384 yuan, and the delivery date will be 2016.8.22;2. The premium amount will be 112896 yuan, and the delivery date will be 2016.12.31. If the policyholder fails to pay the premium as agreed, the insurer will bear the corresponding insurance liability in proportion to the actual premium paid to the total premium after the insurance accident". The payment agreement is stamped with a special seal for the appellee's underwriting business, and the operator has the signature of "Sun. After the contract was signed, Wang paid the first premium of 48384 yuan, but the final premium was not paid. In mid-December 2016, Sun called Wang to pay the premium. Wang said that he would no longer pay the premium and asked to terminate the insurance contract. Later, Sun informed the person in charge of an insurance company of Wang's intention to terminate the insurance contract. Due to a dispute over the delivery of the final premium, an insurance company sued Wang to the court. After hearing, the court ruled that the 1. Wang should pay an insurance company's premium of 112896 yuan within 10 days after the judgment came into effect. 2. dismiss other claims of an insurance company. After Wang filed an appeal, the court of second instance made a judgment on August 29, 2018, and ordered the cancellation of the first-instance judgment. The appellant Wang paid the appellee an insurance company insurance premium of 32256 yuan within 10 days from the effective date of the judgment. Other claims of an insurance company of the appellee. Because of not accepting the final judgment, an insurance company applied to the Shandong Higher People's Court for a retrial, and the court ruled that an insurance company's retrial application was rejected after review. focus of controversy] The focus of the dispute in this case is mainly whether the policyholder notifies the third party involved in the case whether the termination of the insurance contract will have the effect of the termination of the contract. The court of first instance held that] Wang signed an insurance contract with an insurance company, the two sides agreed on the insurance period and liability, an insurance company in accordance with the contract has settled Wang's insurance accident, the insurance contract signed by both parties has taken effect and has been performed, Wang should pay all the premiums in accordance with the contract. An insurance company demanded Wang's 112896 yuan premium in arrears, which did not violate relevant laws and regulations and supported it. Wang's claim on the termination of the performance of the contract is not supported by evidence and is not supported. The court of second instance held that] In the opinion of the Court, Article 35 of the Insurance Law stipulates: "The policyholder may pay the full premium or the premium in instalments to the insurer in accordance with the contract." During the second instance, the appellant approved the authenticity of the copy of the payment agreement submitted by the appellant, and the payment agreement stipulated that the insurance premium involved was paid in installments. The appellant paid the initial premium as agreed and the final premium was not paid. However, the appellant claimed that he had notified Sun Mou, the manager of the insurance involved, before the expiration of the final premium, to request the termination of the insurance contract, to stop paying the premium, and to apply for Sun Mou to testify in court. The Court believes that the payment agreement involved in the case is stamped with a special seal for the appellee's underwriting business, and the handler has Sun's signature. The appellee also recognizes the authenticity of the payment agreement submitted by the appellee. Therefore, Sun's identity as the insurance handler involved in the case is confirmed by the Court. Sun testified in court that in mid-December 2016, he called the appellant for the premium, and the appellant had made it clear that he would no longer pay the premium and would terminate the insurance contract. Sun informed the person in charge of the appellee of the appellee's intention to terminate the insurance contract. Sun has no legal interest with the appellant, and the witness testimony issued by him as the insurance agent involved in the case is objective, and the court accepts the witness testimony. According to Article 24 of the employer's liability insurance clause involved in the case, the insurance contract shall be terminated from the date of notification to the appellee, and the appellee shall actually insure for five months, with an annual rate of 50%, so the total premium payable by the appellant shall be 80640. The appellant has already paid the insurance premium of 48384 yuan and must pay another insurance premium of 32256 yuan. To sum up, the original court found that the facts were wrong and should be corrected. The retrial court held that] In this case, an insurance company recognized the authenticity of the payment agreement submitted by Wang, because the person in charge of the payment agreement had Sun's signature and stamped with a special seal for the business of an insurance company, Wang had reason to believe that Sun had the right to handle the insurance business involved on behalf of an insurance company. In the original trial, Sun appeared in court to confirm that he had informed the person in charge of an insurance company of Wang's intention to terminate the insurance contract. Sun and Wang have no legal interest, and the witness testimony issued by him as the insurance agent involved in the case is objective. According to Article 24 of the employer's liability insurance clause involved in the case, the original judgment determined that since Wang notified an insurance company From the date, the insurance contract involved in the case was terminated, and it was not improper to determine the facts and apply the law. To sum up, the retrial application of an insurance company does not conform to the provisions of items 2 and 6 of Article 200 of the the People's Republic of China Civil Procedure Law. In accordance with the first paragraph of Article 204 of the the People's Republic of China Civil Procedure Law and the second paragraph of Article 395 of the Interpretation of the Supreme People's Court on the Application of the the People's Republic of China Civil Procedure Law, the ruling is as follows: Reject an insurance company's retrial application. Lawyer comment] Appreciative agency refers to a system that belongs to the unauthorized agency, but because of the cause attributable to the agent, causes the appearance or appearance of the authorized act, causes the good faith and no fault of the relative person to believe that the unauthorized agent has the power of agency and carries out legal acts with it, and the law provides for the same effect as the right to act. The constituent elements of apparent agency include:(1) the agent does not actually have the power of agency;(2) the actor has the appearance of being granted the power of agency;(3) the relative believes that the actor has the power of agency and is in good faith and without fault;(4) the relative performs legal acts with the actor based on the trust of the power of agency;(5) The appearance or appearance of the actor who is granted the power of agency can be attributed to the agent. In this case, the payment agreement involved in the case is stamped with a special seal for the underwriting business of the insurance company, and the handling person has the signature of a third person, Sun. Based on reasonable trust and the appearance of the agency, the insured Wang will no longer pay insurance premiums and terminate the insurance contract. The intention is to inform Sun that the insurance company has no evidence to prove that the appearance of the agency cannot be attributed to itself, and there is no evidence to prove that the policyholders are malicious, therefore, it should be regarded as an apparent agent, the policyholder Wang to the third person Sun a notice of the validity of the termination of the contract and the insurance company, at this time, the agent, that is, the insurance company may not claim no right to act against the agent.
[brief case]]
On August 22, 2016, Wang signed an insurance contract with an insurance company to insure employer's liability insurance. The insurance period is from August 23, 2016 to August 22, 2017. The insurance amount for each employee is 800000 yuan for casualties, 80000 yuan for medical expenses, and 161280 yuan for insurance premiums,Article 24, paragraph 2, of the employer's insurance clause states that "if the applicant requests the termination of the insurance contract after the commencement of the insurance liability, the insurance contract shall be terminated from the date of notification to the insurer,The insurer shall charge the premium for the period from the date of commencement of the insurance liability to the date of termination of the contract at the short-term rate specified in the table below, and refund the remaining portion of the premium. The part of the insured period of less than one month is charged on a monthly basis "; in addition, the two parties also signed a" payment agreement ", which stipulates that the insurance premium shall be paid in installments. The agreement states:" The insurer and the insured have agreed to reach a cost payment agreement. This agreement is an integral part of the insurance contract. The insurance premium under this insurance contract will be paid by the applicant in the following way: the insurance premium will be paid in installments 1. the premium amount will be 48384 yuan, and the delivery date will be 2016.8.22;2. The premium amount will be 112896 yuan, and the delivery date will be 2016.12.31. If the policyholder fails to pay the premium as agreed, the insurer will bear the corresponding insurance liability in proportion to the actual premium paid to the total premium after the insurance accident ".The payment agreement is stamped with a special seal for the appellee's underwriting business, and the operator has the signature of "Sun.After the contract was signed, Wang paid the first premium of 48384 yuan, but the final premium was not paid.In mid-December 2016, Sun called Wang to pay the premium. Wang said that he would no longer pay the premium and asked to terminate the insurance contract. Later, Sun informed the person in charge of an insurance company of Wang's intention to terminate the insurance contract.
Due to a dispute over the delivery of the final premium, an insurance company sued Wang to the court. After hearing, the court ruled that the 1. Wang should pay an insurance company's premium of 112896 yuan within 10 days after the judgment came into effect. 2. dismiss other claims of an insurance company. After Wang filed an appeal, the court of second instance made a judgment on August 29, 2018, and ordered the cancellation of the first-instance judgment. The appellant Wang paid the appellee an insurance company insurance premium of 32256 yuan within 10 days from the effective date of the judgment. Other claims of an insurance company of the appellee. Because of not accepting the final judgment, an insurance company applied to the Shandong Higher People's Court for a retrial, and the court ruled that an insurance company's retrial application was rejected after review.
focus of controversy]
The focus of the dispute in this case is mainly whether the policyholder notifies the third party involved in the case whether the termination of the insurance contract will have the effect of the termination of the contract.
The court of first instance held that]
Wang signed an insurance contract with an insurance company, the two sides agreed on the insurance period and liability, an insurance company in accordance with the contract has settled Wang's insurance accident, the insurance contract signed by both parties has taken effect and has been performed, Wang should pay all the premiums in accordance with the contract. An insurance company demanded Wang's 112896 yuan premium in arrears, which did not violate relevant laws and regulations and supported it. Wang's claim on the termination of the performance of the contract is not supported by evidence and is not supported.
The court of second instance held that]
In the opinion of the Court, Article 35 of the Insurance Law stipulates: "The policyholder may pay the full premium or the premium in instalments to the insurer in accordance with the contract." During the second instance, the appellant approved the authenticity of the copy of the payment agreement submitted by the appellant, and the payment agreement stipulated that the insurance premium involved was paid in installments. The appellant paid the initial premium as agreed and the final premium was not paid. However, the appellant claimed that he had notified Sun Mou, the manager of the insurance involved, before the expiration of the final premium, to request the termination of the insurance contract, to stop paying the premium, and to apply for Sun Mou to testify in court. In the opinion of this Court,The payment agreement involved is stamped with a special seal for the underwriting business of the appellee, and the manager has Sun's signature. The appellee also recognizes the authenticity of the payment agreement submitted by the appellant. Therefore, Sun's identity as the insurance manager involved in the case is confirmed by the court.Sun testified in court that in mid-December 2016, he called the appellant for the premium, and the appellant had made it clear that he would no longer pay the premium and would terminate the insurance contract.Sun informed the person in charge of the appellee of the appellee's intention to terminate the insurance contract.Sun has no legal interest with the appellant, and the witness testimony issued by him as the insurance agent involved in the case is objective, and the court accepts the witness testimony. According to Article 24 of the employer's liability insurance clause involved in the case, the insurance contract shall be terminated from the date of notification to the appellee, and the appellee shall actually insure for five months, with an annual rate of 50%, so the total premium payable by the appellant shall be 80640. The appellant has already paid the insurance premium of 48384 yuan and must pay another insurance premium of 32256 yuan. To sum up, the original court found that the facts were wrong and should be corrected.
The retrial court held that]
In this case, an insurance company recognized the authenticity of the payment agreement submitted by Wang,Because the person in charge of the payment agreement has Sun's signature and a special seal for the business of an insurance company, Wang has reason to believe that Sun has the right to handle the insurance business involved on behalf of an insurance company.In the original trial, Sun appeared in court to confirm that he had informed the person in charge of an insurance company of Wang's intention to terminate the insurance contract. Sun and Wang have no legal interest, and the witness testimony issued by him as the insurance agent involved in the case is objective. According to Article 24 of the employer's liability insurance clause involved in the case, the original judgment determined that since Wang notified an insurance company From the date, the insurance contract involved in the case was terminated, and it was not improper to determine the facts and apply the law. To sum up, the retrial application of an insurance company does not conform to the provisions of items 2 and 6 of Article 200 of the the People's Republic of China Civil Procedure Law. In accordance with the first paragraph of Article 204 of the the People's Republic of China Civil Procedure Law and the second paragraph of Article 395 of the Interpretation of the Supreme People's Court on the Application of the the People's Republic of China Civil Procedure Law, the ruling is as follows: Reject an insurance company's retrial application.
Lawyer comment]
Appreciative agency refers to a system that belongs to the unauthorized agency, but because of the cause attributable to the agent, causes the appearance or appearance of the authorized act, causes the good faith and no fault of the relative person to believe that the unauthorized agent has the power of agency and carries out legal acts with it, and the law provides for the same effect as the right to act. The constituent elements of apparent agency include:(1) the agent does not actually have the power of agency;(2) the actor has the appearance of being granted the power of agency;(3) the relative believes that the actor has the power of agency and is in good faith and without fault;(4) the relative performs legal acts with the actor based on the trust of the power of agency;(5) The appearance or appearance of the actor who is granted the power of agency can be attributed to the agent.
In this case, the payment agreement involved in the case is stamped with a special seal for the underwriting business of the insurance company, and the handling person has the signature of a third person, Sun. Based on reasonable trust and the appearance of the agency, the insured Wang will no longer pay insurance premiums and terminate the insurance contract. The intention is to inform Sun that the insurance company has no evidence to prove that the appearance of the agency cannot be attributed to itself, and there is no evidence to prove that the policyholders are malicious, therefore, it should be regarded as an apparent agent, the policyholder Wang to the third person Sun a notice of the validity of the termination of the contract and the insurance company, at this time, the agent, that is, the insurance company may not claim no right to act against the agent.
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