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No. 2 of Three Representative Cases Involving Insurance Contract Disputes Issued by the Supreme People's Court: Tian [REDACTED] & Ran [REDACTED] v. [REDACTED] Insurance Company Rescission of an insurance contract and insurer's denial of compensation (Personal insurance contract dispute)
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程藹チ猭皘そガ癬玂繧ㄥㄒぇバ琘琘禗琘玂繧そō玂繧玂繧稈埃籔玂繧┶竭
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猭腳ま靡絏
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| No. 2 of Three Representative Cases Involving Insurance Contract Disputes Issued by the Supreme People's Court: Tian [REDACTED] & Ran [REDACTED] v. [REDACTED] Insurance Company (Personal insurance contract dispute) | | 程藹チ猭皘そガ癬玂繧ㄥㄒぇバ琘琘禗琘玂繧そō玂繧 |
| Rescission of an insurance contract and insurer's denial of compensation | | 玂繧稈埃籔玂繧┶竭 |
| [Key Points] | | 璶翴矗ボ |
| An insurer loses the right to rescind an insurance contract when it does not rescind the contract within the statutory period. Where the insurer denies compensation on the ground that the insurance applicant has failed to fulfill the duty of honest disclosure, the people's court should not support the denial. | | 玂繧ゼ猭﹚戳丁ず稈埃赤ア玂繧稈埃舦玂繧щ玂笻は龜竡叭パ┶蕩竭纕チ猭皘ぃぉや |
| Applicable provisions in Interpretation II: Article 8: Where an insurer does not exercise its right to rescind a contract, and directly denies compensation on the ground that there exists any of the circumstances as prescribed in paragraphs 4 and 5 of Article 16 of the Insurance Law, the people's court should not support the denial, unless the parties have otherwise agreed on the denial of compensation and the continual existence of the insurance contract. | | 稈睦疉の兵躥材兵玂繧ゼ︽ㄏ稈埃舦鋇玂繧猭材せ兵材躥材き躥砏﹚薄パ┶蕩竭纕チ猭皘ぃぉや諷ㄆ碞┶蕩竭纕ㄆ﹜の玂繧尿︽笷Θ璓薄猵埃 |
| [Brief Facts] | | 虜璶薄 |
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