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)
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)
最高人民法院公布三起保險合同糾紛典型案例之二:田某、冉某訴某保險公司人身保險合同糾紛案
—Rescission of an insurance contract and insurer's denial of compensation
——保險合同解除與保險人拒賠
[Key Points]
【要點提示】
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.
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.
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