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No. 1 of Three Representative Cases Involving Insurance Contract Disputes Issued by the Supreme People's Court: Wang [REDACTED] v. [REDACTED] Life Insurance Co., Ltd. — Legal consequences of signing an insurance contract on behalf of another person (Personal insurance contract dispute)
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最高人民法院公布三起保险合同纠纷典型案例之一:王某诉某人寿保险股份有限公司人身保险合同纠纷案——保险合同代签名的法律后果
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【法宝引证码】
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No. 1 of Three Representative Cases Involving Insurance Contract Disputes Issued by the Supreme People's Court: Wang [REDACTED] v. [REDACTED] Life Insurance Co., Ltd. (Personal insurance contract dispute) | | 最高人民法院公布三起保险合同纠纷典型案例之一:王某诉某人寿保险股份有限公司人身保险合同纠纷案 |
—Legal consequences of signing an insurance contract on behalf of another person | | ——保险合同代签名的法律后果 |
[Key Points] | | 【要点提示】 |
An insurance applicant should personally affix his signature or seal when he enters into an insurance contract. Where the insurance salesperson affixes a signature on behalf of the insurance applicant, and the insurance applicant has paid insurance premiums, the insurance applicant is deemed to have subsequently ratified the signature on his behalf. | | 投保人在订立保险合同时应当亲自签章。保险业务员代为签字,但投保人已经交纳保险费的,视为其对代签字行为的追认。 |
Applicable provisions of Interpretation II: Paragraph 1 of Article 3: Where, when entering into an insurance contract, the insurance applicant or the agent thereof does not personally affix his or her signature or seal to the contract, and the insurer or the agent thereof affixes a signature or seal to the contract on behalf of the insurance applicant or the agent thereof, the contract is not effective to the insurance applicant. However, if the insurance applicant has paid the insurance premiums, he or she is deemed to have subsequently ratified the signature or seal affixed on his or her behalf. | | 《解释(二)》涉及条款:第三条第一款投保人或者投保人的代理人订立保险合同时没有亲自签字或者盖章,而由保险人或者保险人的代理人代为签字或者盖章的,对投保人不生效。但投保人已经交纳保险费的,视为其对代签字或者盖章行为的追认。 |
[Brief Facts] | | 【简要案情】 |
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