How long is the statute of limitations for life insurance?

The statute of limitations for the insured or beneficiary to claim the insurance money from the insurance company is two years; Calculated from the date on which he knew or ought to have known of the occurrence of the insured event. In health insurance and accident insurance, the limitation period for the insured or beneficiary to claim the insurance money from the insurance company is 2 years, which is calculated from the date on which the insured knew or should have known about the occurrence of the insured event.

Legal analysis

In order for the beneficiary or insured person to receive the claim as soon as possible, the claim should be filed as soon as possible from the date on which the beneficiary or insured person became aware of the insured event. The statute of limitations for personal accident insurance is two years from the date on which the insured event was known or should have been known. Therefore, the substantive condition for the commencement of the statute of limitations should be that the parties or beneficiaries are aware of the insurance contract and their contractual rights and can exercise their rights in accordance with the insurance contract.

In life insurance, the statute of limitations for insurance interests is that only the insurance interest is required to exist at the time of the conclusion of the contract. Insurance interest refers to the legally recognized interest of the policyholder or the insured in the subject matter of insurance, also known as insurable interest.

The insurance interest arises from the economic relationship between the policyholder or the insured and the subject matter of insurance, and it is the interest that the policyholder or the insured can insure from the insurance company, which reflects the legally recognized interest of the policyholder or the insured in the subject matter of insurance, that is, the policyholder or the insured suffers losses due to the risk accident suffered by the subject matter of insurance, and benefits because the subject matter of insurance does not have a risk accident. The policyholder has an insurable interest in the following persons: himself/herself; spouse, children, parents; Other family members and close relatives who have a relationship of support, support, or support with the insured person other than those mentioned in the preceding paragraph.

Workers who have an employment relationship with the insured person. In addition to the provisions of the preceding paragraph, if the insured agrees to the policyholder to conclude a contract for him, the policyholder shall be deemed to have an insurance interest in the insured.

If the policyholder does not have an insurance interest in the insured at the time of the conclusion of the contract, the contract shall be invalid. Where the law has other provisions, those provisions shall be followed.

Legal basis

Social Insurance Law of the People's Republic of China Article 31 Social insurance agencies may, according to the needs of management services, sign service agreements with medical institutions and drug business units to standardize medical services. Medical institutions shall provide reasonable and necessary medical services to insured persons.

Article 26 The statute of limitations for the 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 he knew 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.

Legal analysis: In life insurance, the statute of limitations for the insured or beneficiary to claim insurance benefits from the insurance company is 5 years; The hidden loss shall be calculated from the date on which it knows or should have known that the insured event occurred.

Legal basis: Insurance Law of the People's Republic of China Article 26 Statute of Limitations: The statute of limitations for the insured or beneficiary of insurance other than life insurance to claim compensation or payment of insurance money from the insurer is two years, calculated from the date on which he knew or should have known of the occurrence of the insured event.

The statute of limitations for the insured or beneficiary of life insurance to request payment of insurance benefits from the insurance talker is five years, calculated from the date on which the insured knew or should have known of the occurrence of the insured event.

The so-called statute of limitations means that when an insured event occurs as agreed in the insurance contract or the insured reaches the age, time limit and other conditions agreed in the insurance contract, the insured or beneficiary has the right to request the insurer to pay the insurance money, but the insured or beneficiary's right to claim shall be exercised within the statutory period, otherwise the insured or beneficiary will lose this right to claim. The purpose of the statute of limitations set by the law is to urge the insured or beneficiary to exercise their rights in a timely manner, and to urge the insurer to pay the insurance money as soon as possible, which is conducive to stabilizing social relations. Although Article 27 of the original Insurance Law stipulates the statute of limitations for claims for non-life insurance and life insurance respectively, that is, the right of the insured or beneficiary of non-life insurance to claim compensation or pay insurance money to the insurer shall be extinguished if it does not exercise it within two years from the date on which it becomes aware of the occurrence of the insured event; The insured or beneficiary of life insurance shall extinguish the right of the insurer to request payment of insurance benefits within 5 years from the date on which he or she becomes aware of the occurrence of the insured event.

However, there has been controversy over the nature of the above-mentioned statute of limitations, i.e., whether the statute of limitations for the claim is a statute of limitations. Article 26 of the new Insurance Law clearly stipulates that the statute of limitations for claims is the statute of limitations, which legislatively resolves the above differences, that is, the statute of limitations for the insured or beneficiary of non-life insurance to claim compensation or payment of insurance money from the insurer is two years, which is calculated from the date on which he knew or should have known that the insured event occurred; The statute of limitations for the insured or beneficiary of life insurance to claim payment of insurance money from the insurer is 5 years, calculated from the date on which the insured knew or should have known of the occurrence of the insured event. As the statute of limitations, the provisions of the General Principles of the Civil Law of the People's Republic of China on the extension, suspension and interruption of the statute of limitations can be applied, so as to more fully protect the interests of the insured and the beneficiary.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

How do you say this?

Under normal circumstances, if the information is complete and there is no objection to the investigation, you can make a flash claim, or make a rough claim within 3-5 working days.

The special circumstances are: 1. Short-term insurance, that is, the policy is not in force for a long time. Second, the division of responsibility for accidents is not clear, involving the responsibility of a third party. 3. The disability of the type register town needs to be identified, etc.

If it is a special case, the claim cycle may be a little longer, and it is also related to the insurance company, and the timeliness of each insurance company to deal with the case is more or less different. Customers can also self-service customer service** to check the progress of the case and monitor their claims in real time.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"