Once the contract is terminated, the claim cannot be applied for(yi dan jie chu he tong jiu wu fa shen qing li pei )

A few years ago, Zhang took out a life insurance policy with an insurance company, and soon suffered from accidental injury, but he did not apply for compensation from the insurance company at that time. At the end of 1999, Zhang proposed to surrender the insurance, and the insurance company also went through the corresponding procedures according to the contract. Zhang had no objection. A few weeks later, Zhang asked the insurance company to pay the accidental disability insurance compensation on the ground that there had been an insurance accident during the insurance period. The insurance company thinks that Zhang's claim for insurance money no longer exists because of surrender, so it refuses to pay the insurance money.

In the practice of insurance claims, events like Zhang occur every day. They often did not apply for claims within the validity period of the contract. When the contract was terminated, they applied, but the insurance company refused. Because legally speaking, once the contract is terminated, it is impossible to apply for insurance claims.

This is mainly due to the following reasons:

Since the insurance contract has been terminated, any party or related person can not provide the certificate of the insurance contract to claim for compensation from the insurance company. Due to the lack of the most important document - the insurance contract, the insurance company can not file a case, so it is not necessary to perform the obligation of paying the insurance benefits.

There is a difference between rescission and suspension of a contract. Although the insurance accident happened in the insurance period, the basis of applying for claim payment, that is, the insurance contract was terminated due to surrender, so the claim of insurance money subordinate to the insurance contract no longer exists. From the legal point of view, after the termination of the contract, the contract can not be reinstated, that is, it is impossible to restore the rights in the original contract. If the insured does not apply for compensation within the validity period of the contract, it can only be regarded as giving up the claim, so the insurance company does not need to pay its insurance benefits.

Chinese PinYin : Yi Dan Jie Chu He Tong Jiu Wu Fa Shen Qing Li Pei