In March of 20 10, Zu was hospitalized for breast cancer and has been recuperating at home since the operation, but his relatives did not tell him the real condition. In April, Wu Mou, an old neighbor of Zumou, visited Zumou's house and told him that he would go to the insurance company to apply for personal insurance the next day. Zumou then entrusted Wu Mou to apply for simple life insurance (A) from the insurance company. The next day, when Wu Mou went to the insurance company to fill in the insurance application form on behalf of his ancestors, he did not fill in anything in the column of "health status", and the staff of the insurance company did not verify it according to the regulations, so he was allowed to apply for insurance. After Zumou got the insurance policy, he paid the insurance premium.
In September, Zu's breast cancer worsened and eventually died because of ineffective rescue. Later, Zumou's daughter Duan went to the insurance company as the designated beneficiary to claim insurance money. After investigation, the insurance company found that Zu's death history recorded that he had breast cancer when he was insured and was recuperating at home. Therefore, the insurance company refused to bear the insurance liability on the grounds that Zu had breast cancer when he was insured and did not meet the requirements of personal insurance. There is a dispute between the two sides. Duan sued the people's court and asked the court to order the insurance company to pay the insurance money.
[Expert Comment]
As far as this case is concerned, Zumou, the insured, didn't know that he had breast cancer, and his insurance policy was filled out by his neighbor Wu Mou, who didn't know Zumou's specific situation, so it was negligent to leave the "health status" column blank in his insurance policy, which violated the obligation of telling the truth.
However, the insurance company did not terminate the contract when the insured violated the obligation of telling the truth, but signed a life insurance contract with Zumou without reviewing the application form, and issued an insurance policy to Zumou. After Zumou got the insurance policy, he paid the insurance premium. It can be regarded as that the insurer has given up the obligation to truthfully inform the insured. Duan, the beneficiary designated by Zu in the insurance contract, has the right to claim compensation from the insurance company according to the life insurance contract after the insurance accident happens, and the insurance company shall bear the insurance liability for this.