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购买保险遭拒赔 “免责条款”真能免责吗?
Jin Rong Shi Bao· 2025-08-27 01:56
类似的保险纠纷在现实生活中频繁上演。在湖南省邵阳市中级人民法院审理的一起人身险合同纠纷 案中,郑某为年幼的女儿购买了重大疾病保险,保额50万元,附加重大疾病特别关爱金50万元。保险合 同约定,若被保险人确诊"严重肌营养不良症",保险公司需支付保险金。但当被保险人不幸确诊 为"Ullrich 肌营养不良症",并通过基因检测明确病因时,保险公司却以"未按合同要求进行肌肉活检"以 及"疾病属于遗传性免责情形"为由拒绝理赔。 经法院审理查明,从医学专业角度来看,基因检测足以作为该疾病的诊断方式。保险公司要求 的"肌肉活检"条款属于格式条款,在订立合同时,保险公司未以显著方式提醒投保人注意,也未履行详 细的说明义务。因此,该条款对投保人不具备法律效力。此外,保险合同中既承保"肌营养不良症"又 将"遗传性疾病"排除在外,这种自相矛盾的条款设置,进一步凸显了保险公司在合同拟定和履行告知义 务方面的问题。最终,法院判决保险公司支付100万元的保险金。 如今,保险已成为大众抵御风险的重要金融工具。然而,在实际操作中,保险合同里复杂的条款可 能隐藏诸多易被忽视的"暗礁",导致投保人在理赔时受阻。《金融时报》记者注意到,因"免责条 ...
保险的不同险种保障有何区别?
Sou Hu Cai Jing· 2025-08-22 07:05
Core Insights - Insurance plays a crucial role in risk transfer and economic compensation in people's lives, with different types of insurance offering unique coverage and functions [1] Group 1: Life Insurance - Life insurance is focused on the lifespan of individuals, providing economic protection for families in case of the primary breadwinner's premature death [1] - Term life insurance offers coverage for a specified period, while whole life insurance provides lifelong coverage and may accumulate cash value over time [1] Group 2: Health Insurance - Health insurance primarily addresses health-related issues, with medical insurance compensating for medical expenses due to illness or accidents [2] - Social health insurance offers basic coverage with limitations, while commercial health insurance serves as a supplement, covering remaining costs after social insurance [2] - Critical illness insurance provides a lump sum payment upon diagnosis of specified serious illnesses, which can be used for medical expenses and income loss [2] Group 3: Accident Insurance - Accident insurance covers death, disability, and medical expenses resulting from accidental injuries during the policy period [2] - It includes coverage for various types of accidents, such as those occurring in daily life, travel, or sports [2] - Benefits are paid based on the severity of the injury, with higher compensation for more severe disabilities [2] Group 4: Property Insurance - Property insurance covers various assets and related interests, with home insurance protecting household property from natural disasters and accidents [3] - Business property insurance safeguards fixed and current assets of enterprises against risks from natural disasters or accidents [3] - Auto insurance is a common type of property insurance, with mandatory liability insurance covering third-party injuries and damages in traffic accidents [3]
厘清“避债”误区!保险保单可以被法院执行
券商中国· 2025-08-09 09:31
Core Viewpoint - The article discusses the recent court actions regarding the seizure of cash values from life insurance policies belonging to individuals who are subject to enforcement actions, highlighting that such policies can indeed be executed by the courts [1][6][7]. Group 1: Legal Framework and Court Actions - Multiple high courts have clarified that life insurance policies can be subject to compulsory execution, meaning that any financial interests in these policies can be included in the enforcement property range [1][6][8]. - A specific case from the Hailar District People's Court in Inner Mongolia illustrates the execution of cash values from various insurance policies, with amounts ranging from 2,970 yuan to 105,247.27 yuan being seized from different individuals [3][4]. - Legal experts confirm that as long as the life insurance policies contain financial interests, they can be included in the enforcement actions, although certain policies with strong personal attributes may be exempted based on the overall financial situation of the debtor [5][9]. Group 2: Conditions for Debt Avoidance - The article emphasizes that while insurance policies are often marketed as tools for debt avoidance, this is not an absolute guarantee and depends on specific conditions [2][10]. - The cash value of insurance policies must meet certain criteria to achieve debt avoidance, such as the consent of the debtor in specific jurisdictions, and the nature of the insurance product itself [10][11]. - Legal professionals indicate that while insurance policies can be structured to provide some level of asset protection, their effectiveness is limited and must comply with legal obligations [10][12].
7.8全国保险公众宣传日|解纷息诉,保单续缘
Qi Lu Wan Bao· 2025-07-14 10:55
Group 1 - The case involves a consumer, Liu, who purchased six critical illness insurance policies from an insurance company, paying over 240,000 yuan in premiums by 2022, and later requested a full refund due to misunderstandings about the policy terms [1] - The insurance company verified that all documentation was signed by Liu and that important information was communicated during a follow-up call, confirming the legality of the contract [1] - Liu's insistence on a full refund was not supported by evidence, leading to a mediation process initiated by the Weifang Insurance Dispute Mediation Committee [1] Group 2 - The mediation committee quickly engaged experienced mediators to address the stalemate, highlighting potential violations by the insurance agent while also educating Liu on the insurance industry's operational mechanisms [2] - Through multiple rounds of constructive mediation, Liu was persuaded to consider lowering the coverage or reducing additional insurance, ultimately deciding to retain the policy [2] Group 3 - The case serves as a reminder for consumers to utilize mediation committees when communication fails, providing a neutral platform for resolution and avoiding prolonged litigation [3] - The mediation process not only resolved the specific insurance dispute efficiently but also set a positive example for the insurance industry, promoting consumer confidence and the healthy development of the insurance market [3]
优化保障体系 保险业多维度释放居民消费潜力
Group 1: Core Insights - The recent guidance from six departments, including the People's Bank of China, aims to enhance the consumption capacity of residents by optimizing the insurance system and increasing consumer willingness [1] - Insurance institutions are responding by increasing the supply of commercial pension products, improving health insurance claims efficiency, and innovating tourism insurance products, thereby alleviating the financial burden of aging and healthcare on residents [1][3] Group 2: Promoting Pension Wealth Accumulation - Commercial pension insurance products, such as personal pensions and dedicated commercial pension insurance, provide long-term wealth accumulation and stable income, enhancing financial planning for retirement [2][3] - Households with commercial insurance experience a reduction in savings rates by approximately 5% to 10% and an increase in consumption expenditure by about 8% to 12% [3] Group 3: Reducing Medical Expense Pressure - High medical expenses significantly impact disposable income, but insurance can mitigate these costs, as demonstrated by a case where a patient faced no out-of-pocket expenses due to insurance coverage [4] - The insurance sector is exploring new models that combine health insurance with health management to better meet diverse health and retirement needs [4] Group 4: Expanding Coverage of Tourism Insurance - Tourism insurance plays a crucial role in stabilizing the tourism market and promoting consumption growth, as evidenced by a case where a tourist received compensation for medical expenses due to an accident [6] - The insurance industry is actively developing innovative accident insurance products to support the growing demand for senior tourism and enhance consumer confidence [6]
商业健康保险与医药产业高质量协同发展的空间与方向探讨 | 团体补充医疗险课题分报告(三)
Xin Lang Cai Jing· 2025-06-17 00:54
Group 1 - The core viewpoint of the article emphasizes the high-quality collaborative development between commercial health insurance and the pharmaceutical industry, highlighting the interdependent relationship between medical service providers and insurance payment entities [1] - The historical development of the medical service system and the pharmaceutical industry reveals a complex interplay with insurance payment mechanisms, indicating potential areas for collaboration and growth [1][2] - The transition from a government-subsidized healthcare model to a market-driven approach has led to significant changes in the operational dynamics of public hospitals and the pharmaceutical sector [3][4] Group 2 - The period from 2009 to 2017 marked a significant phase in the reform of public hospital compensation mechanisms, with a focus on balancing the roles of medical service providers and insurance payers [9][10] - The introduction of the "New Medical Reform" in 2009 aimed to establish a public health service system that covers urban and rural residents, although challenges in implementation persisted [9][14] - The commercial health insurance market experienced substantial growth during this period, with premiums increasing tenfold, reflecting a rising demand for supplementary health coverage [6][15] Group 3 - The establishment of the National Healthcare Security Administration in 2018 initiated a new phase of medical reform, introducing diverse payment methods and enhancing regulatory oversight of healthcare expenditures [20][21] - The shift towards a more refined management approach in healthcare institutions is driven by the need to control costs and improve service quality, influenced by changes in insurance payment structures [23][24] - The integration of commercial health insurance with the healthcare system is expected to accelerate, particularly in the high-end medical service sector, as consumer demand for quality healthcare rises [26][27] Group 4 - The pharmaceutical industry in China has undergone significant transformations, with a notable shift towards biopharmaceuticals and innovative drug development, supported by government policies [30][31] - The rapid growth of the Chinese pharmaceutical market has positioned it as the second-largest globally, with a compound annual growth rate of 7.8% from 2010 to 2020 [31][33] - Despite the overall market expansion, challenges such as structural oversupply and the need for higher-quality products remain prevalent, necessitating ongoing industry adjustments [33][34]