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Comment On The Case Of Mr.Chen Suing Sino-life Insurance Company

Posted on:2013-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
GTID:2256330425460139Subject:Law
Abstract/Summary:PDF Full Text Request
At present our country have a lot of personal insurance company launched aself-service insurance card business,that is a personal accident insurance products usethe Internet, telephone or SMS activation effect with the account number andpassword. Because of its convenience, at present this insurance pur chase quantityincreases unceasingly, and it makes the self-service insurance card contract disputealso increasingly growing in quantity. As a result of the lack of mature for thespecial insurance dispute settlement mechanism, courts around our country makedifferent treatment for similar cases.The author thinks, the establishment andeffectiveness of the cassette insurance contract are different from the traditionalinsurance contract. Judges who trialed this kind of dispute, have to realise theparticularity of self-help insurance card clearly, so that they can comprehend therelated laws and regulations and make the dispute effectively solved finally.This article uses the method of case analysis,starting from the case “Mr.chensuing Sino-life insurance company”which open trialed in a primary people’ court inthe Yiyang city, Hunan province.meanwhile,discusses deeply the related theoreticalproblems of self-service insurance card,combining the judicial state of our country.Onwhich base,give some advice on how to deal with the self-service insurance cardcontract dispute.This article researching the self-service insurance card case for three steps:Firstly,introduce the case;Secondly,to find the main point of controversy;Finally,basedon the controversy of the case, this article discusses the particularity of theself-service insurance card,the validity of the insurance contract in Self-serviceinsurance card and the applicable standard of the disability grade identification in thetrial of personal accident insurance contract disputes.At the end of the article, somesuggestions aiming at urging the insurer to fulfil demonstrative obligation and thecorrect application of the disability grade evaluation standard in the insurancedisputes are proposed, which may be beneficial to the development of China’sSelf-service insurance card business and the settlement of the similar insurancedisputes.
Keywords/Search Tags:Self-service insurance card, Insurance contract, Insurance clauses
PDF Full Text Request
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