Article 39 of the New Life Insurance Law and Article 89 of the New Insurance Law

Article 39 The beneficiary of life insurance shall be designated by the insured or the policyholder.

The policyholder's designation of a beneficiary is subject to the consent of the insured. The insured shall purchase life insurance for the worker with whom the employee has an employment relationship, and shall not designate any person other than the insured or his close relatives as the beneficiary.

If the insured is a person with no or limited capacity for civil conduct, his guardian may designate a beneficiary.

Life insurance protects the insured and his close relatives to be compensated after the occurrence of an insured event, so it is stipulated that only the insured and his close relatives can be the beneficiaries. Unlike in the past, some employers purchased insurance for their employees and designated the employer as the beneficiary, in fact, in this case, the employees and their relatives did not receive any protection, so the new law has been amended.

The insured is the subject of the insurance, and the beneficiary is generated after the death of the insured, who will receive the money? That is the beneficiary, if the beneficiary is designated to the insured, it is equivalent to not specifying! He's dead!

So it's better to designate it to a relative, or statutory! Statutory can be cumbersome, and it's best to assign it to someone who is sure!

This is life insurance, as the name suggests, refers to the life of the person as the subject of protection, that is to say, the life of the insured is over, can not benefit as a beneficiary, refers to the death of the beneficiary.

You didn't read this article in its entirety, you didn't understand it completely, and you lost a few keywords in the middle.

Article 89 [Dissolution and Liquidation of Insurance Companies] If an insurance company needs to be dissolved due to division or merger, or dissolved by resolution of the shareholders' meeting or the general meeting of shareholders, or the reasons for dissolution specified in the articles of association of the company, it shall be dissolved after the approval of the insurance regulatory authority.

Insurance companies engaged in life insurance business shall not be dissolved except due to division, merger or revocation in accordance with law.

When an insurance company is dissolved, a liquidation team shall be established in accordance with law to conduct liquidation.

Interpretation and Application] This article is about the dissolution of insurance companies and their liquidation. This article basically retains the provisions of Article 85 of the original Insurance Law, but has made some major amendments. Paragraph 1 of this article is derived from article 85 of the original Insurance Law.

There are the following amendments: first, the situation of dissolution by resolution of the shareholders' meeting and the general meeting of shareholders is added to the reasons for dissolution; The second is to revise the dissolution of the approval agency from "insurance regulatory authority" to "*** insurance regulatory authority", which means that only the China Insurance Regulatory Commission has the right to decide on the dissolution of the company; The third is to add a provision that a life insurance company may be dissolved due to being revoked in accordance with the law, which was previously limited to two situations: division and merger.

"It shall not be dissolved except by division, merger or revocation in accordance with law. That is, a life insurance company can only be dissolved when the company is divided or merged, and it cannot be dissolved under other circumstances. "Revocation according to law" is the revocation of the insurance company, when the life insurance company is revoked.

The original insurance business will be transferred to another insurance company, and the original insurance policy will remain valid.

Separation refers to the internal division of the original insurance company to establish two or more independent insurance companies to be revoked according to law, generally refers to the insurance company's operation and is required to be revoked or dissolved by the relevant management department, and the other is that the insurance company is operating at a loss and cannot continue to operate, and the insurance company's operating rights are revoked according to law after being approved by the relevant departments.

Separation, like the current Chinese Life Insurance Company and Chinese People's Insurance Company, used to be called Chinese People's Insurance Company, and in 1996, property and life insurance were separated, so they were separated into China Life Insurance Company and Chinese People's Insurance. Abolition according to law, just like our country's Planning Commission (State Planning and Economic Commission) and Economic and Trade Commission (State Economic Commission) were abolished after discussion by the National People's Congress, but the relevant functions were reorganized into the current National Development and Reform Commission, that is, the National Development and Reform Commission. Sometimes social development will eliminate or change some industries and companies, but the state will properly deal with and solve the problems caused by the abolition of these companies.

The relevant rights and interests will be transferred to the relevant departments in the future.

Life insurance is based on the life and body of the person as the subject of insurance, the traditional life insurance is divided into life insurance, health insurance and accident insurance, innovative life insurance includes participating, universal and investment-linked life insurance.

Life insurance is a life insurance with a person's life as the subject matter, which is divided into term life insurance, whole life insurance, endowment insurance and annuity insurance according to the protection liability.

Article 16 of the Insurance Law provides:

If the policyholder deliberately fails to perform the obligation to truthfully inform, the insurer shall not be liable for compensation or payment of insurance money for the insured accident that occurred before the termination of the contract, and shall not refund the insurance premium. September.

Article 85 of the Insurance Law only stipulates that insurance companies engaged in life insurance business shall not be dissolved except for division or merger.

Article 88 provides that if an insurance company engaged in life insurance business is revoked or declared bankrupt in accordance with law, the life insurance contracts and reserves held by it must be transferred to other insurance companies engaged in life insurance business.

Article 89 stipulates the order in which insurance companies are to be dealt with.

Therefore, life insurance companies are not allowed to be dissolved, but bankruptcy is allowed. However, after the bankruptcy of the insurance company, your insurance contract will continue to be performed by other insurance companies, but the extent of performance remains to be examined (as this has not yet happened in China).

If you're not worried about the bank going to fail, don't worry about the insurance company going to fail. Financial institutions, whether they are banks or insurance companies, are directly managed by the state, and the background is ***. Which parent would allow their children to go hungry and have nothing to eat?

Unless there is a subprime mortgage crisis like the Yankees, the banks will fail; As an insurance company, in the event of a financial tsunami like in 08, the most affected are the banks, and the insurance companies are much better and less affected. So put a hundred and twenty hearts.

It is possible to call the life insurance company directly.

Article 27 of the current Insurance Law The right of the insured or beneficiary of insurance other than life insurance to claim compensation or pay insurance money to the insurer shall be extinguished if it is not exercised within two years from the date on which it becomes aware of the occurrence of the insured event. The right of the insured or beneficiary of life insurance to request payment of insurance benefits from the insurer shall be extinguished if it is not exercised within five years from the date on which it becomes aware of the occurrence of the insured event.

Article 26 of the Amendment to the Insurance Law The statute of limitations for an insured or beneficiary of insurance other than life insurance to claim compensation or payment of insurance money from the insurer shall be two years, calculated from the date on which the insured knows or should have known of the occurrence of the insured event. The statute of limitations for the insured or beneficiary of life insurance to claim payment of insurance money from the insurer is five years, calculated from the date on which the insured knew or should have known of the occurrence of the insured event.

There has been great controversy as to whether the nature of the period during which the insured or beneficiary requests payment of insurance benefits is a "exclusion period" or a "statute of limitations". The new insurance law clarifies the nature of the claim period as the "statute of limitations", which is consistent with the provisions of the statute of limitations in the General Principles of the Civil Law, and also applies the provisions on the suspension, interruption and extension of the statute of limitations, which is more adequate to protect the rights of the insured.

The statute of limitations is a mandatory provision of the law, and the parties may not exclude the application of the statute of limitations through the form of a contractual agreement, nor may it increase or shorten it. After the statute of limitations for claims is clearly defined as the "statute of limitations", the provisions of the General Principles of the Civil Law on the interruption, suspension and extension of the statute of limitations for litigation are applied, and the statute of limitations for the insured or beneficiary to settle claims is extended. After the implementation of the new insurance law, even if the policyholder or the insured violates this agreement, it will not lead to the loss of the right to claim compensation, because these provisions are invalid because they violate the mandatory provisions of the law, so the property insurance company should sort out the product terms and conditions according to the provisions and revise the claim policy to maintain consistency with the legal provisions.

Article 25 of the Insurance Law provides that if the amount of compensation or insurance money cannot be determined within 60 days from the date of receipt of the request for compensation or payment of insurance money and relevant certificates and materials, the insurer shall pay the amount of compensation or insurance money in advance according to the amount that can be determined according to the existing certificates and materials; The difference that the insurer shall pay after the insurer has finally determined the amount of compensation or insurance money to be paid.

Article 26: The statute of limitations is supplemented.

According to the Insurance Law, the insurance company should reply to the claim within 10 working days after receiving all the materials.

The statute of limitations indicates the time it takes to lose your rights. The insurance law stipulates that it is within two years.

Life insurance is a statute of limitations for claims that should be known within 5 years from the date. Others are within 2 years from the date of due knowledge.

There is a legal stripe that an insurance company cannot fail.

1. Paragraph 2 of Article 89 provides:

According to the provisions of China's Insurance Law, insurance companies are not allowed to go bankrupt.

2. The fact that insurance companies cannot go bankrupt is stipulated by the Insurance Law of China, mainly to ensure that the legitimate rights and interests of consumers are not infringed. However, the Insurance Law only stipulates that insurance companies that operate life insurance companies cannot go bankrupt, but property insurance companies are allowed to go bankrupt.

Once there is a problem in the operation of the insurance company, the CBIRC will arrange for the merger of a powerful company, or support the separation of the insurance company, so that the policyholder's policy will continue to be valid and enjoy the insurance protection and rights normally.

Article 85 of the Insurance Law of the People's Republic of China stipulates that an insurance company shall be dissolved after approval by the insurance regulatory authority due to division, merger or dissolution due to the reasons specified in the articles of association of the company. The insurance company shall establish a liquidation team in accordance with the law to carry out liquidation.

Insurance companies engaged in life insurance business shall not be dissolved except for division or merger.

The insurance business of the insurance company of the life insurance business is equivalent to the conclusion of a contract, the division and merger of the company, and the customer has always had the right to recognize the company's debts.

I also listen to bai

Say, you want to run away from debt?

36-year-old du

Private business owners.

Mr. Zhang went from being a DAO multimillionaire to a poor man in the blink of an eye due to the bankruptcy of the company, and a large life insurance payment saved him and his family from hardship when he was in poverty. "If we hadn't bought this insurance on a whim a few years ago, our whole family would be living on the streets today. Mr. Zhang told reporters.

Mr. Zhang, who owns a medium-sized manufacturing company, filed for bankruptcy in June this year because he was insolvent due to losses. The company, car, house and bank deposits were all sealed by the court.

As the family fell into despair, the wife remembered the life insurance she had bought for Mr. Zhang seven years ago. According to the Contract Law, life insurance is not within the scope of debt recovery. The annuity of this life insurance is as high as 200,000 yuan, which is enough to make Mr. Zhang's family survive without worry.

Mr. Zhang was overjoyed.

"Life insurance benefits are not subject to bankruptcy debt recovery"Article 24 of China's Insurance Law.

Article 24 of the Insurance Law stipulates that no entity or individual may illegally interfere with the insurer's obligation to pay compensation or pay insurance money, nor shall it restrict the right of the insured or beneficiary to obtain insurance money.