Can I claim compensation if my age is wrong? Do I have to be over the underwriting age?

Case: Five years ago, Ms. Qiu bought a company's children's insurance for her son with the lucky money given by relatives and friends. The annual premium is 4440 yuan, which is paid until the son reaches the age of 25. During the validity period of the contract, if Ms. Qiu's son dies or is totally disabled, the insurance company will pay the beneficiary 654.38 million yuan; If a major disease is diagnosed for the first time, you will also receive an insurance premium of 654.38+10,000 yuan, and the contract will be terminated immediately. In addition, if the son is still alive at the age of 25, the insurance company will give 654.38+ 10,000.

Yuan due premium.

After the Spring Festival this year, my healthy and lively son suddenly developed a high fever, accompanied by severe headache and convulsions. After hospital diagnosis, it was finally diagnosed as severe bacterial meningitis. Ms. Qiu took the insurance policy to the insurance company to apply for compensation. The staff found that Ms. Qiu mistakenly filled in the age of her 5-year-old son as 4 years old. Ms. Qiu is a little worried. A moment's negligence will cause the insurance company to cancel this insurance contract without paying compensation?

Analysis: Whether the insurance company will terminate the insurance contract signed with Ms. Qiu depends on the age limit agreed in the contract. The Insurance Law stipulates that if the declared age of the insured is untrue, and the true age does not reach the age limit stipulated in the contract, and the actual age at the time of insurance exceeds the age that the insurance company can underwrite, the insurance company has the right to claim to terminate the contract within 2 years after the conclusion of the insurance contract, and refund the insurance premium to the insured after deducting the handling fee; If the real age meets the age limit agreed in the contract, even if the applicant falsely declares the age of the insured when applying for insurance, the insurance contract will not be invalid. Therefore, although Ms. Qiu wrote down her son's age wrongly, the insurance contract was still valid because her son's actual age was still covered by the insurance company.

Due to the age misreporting, when Ms. Qiu's son is diagnosed with the above diseases, that is, after the insurance accident agreed in the contract, the insurance company can adjust the premium or the amount of insurance benefits according to the actual premium paid by the insured and the real age of the insured. Generally speaking, the actually paid insurance premium will be adjusted according to "agreed insurance amount × (paid insurance premium/payable insurance premium)". According to the actual age of Ms. Qiu's son when he was insured, the insurance company checked the rate table, and Ms. Qiu should pay the premium of 4670 yuan every year. Therefore, the actual amount paid by the insurance company should be: 654.38+10,000 yuan × (4,440 yuan/4,670 yuan) = 95,075 yuan.