What causes the insurance dispute

Different insurance products vary, you can call your desired insurance company** for advice.

What are the reasons for insurance disputes: 1. The policyholder blindly applies for insurance without carefully reading the insurance terms. The insurance contract is the most important basis for the policyholder and the insured to settle claims.

The policyholder should carefully read and study the insurance terms before applying for insurance, especially the clauses that limit the rights of the policyholder or the insured or create obligations for the policyholder or the insured individual insurer. Otherwise, there is a risk that the intended purpose of the insurance will not be achieved. 2. However, the policyholder of Liang's did not pay attention to the change of insurance terms of the slag insurer and continued to insure.

After the conclusion of the insurance contract, the insurer will unilaterally change the insurance terms according to the specific circumstances when renewing the insurance, and the policyholder often does not pay attention to this, thus bringing adverse consequences to himself. 3. The policyholder conceals or defrauds the insurance and fails to perform the obligation to tell the truth. The Insurance Law clearly stipulates that the policyholder must abide by the principle of good faith when signing an insurance contract, and if the policyholder deliberately conceals the facts and fails to perform the obligation to truthfully inform, which is enough to affect the insurer's decision on whether to agree to underwrite or increase the insurance rate, the insurer has the right to terminate the insurance contract and refuse to pay the insurance money.

In practice, it is not uncommon for policyholders to conceal or defraud insurance. 4. The insurer does not comply with the duties and operates in violation of regulations. In order to solicit business, some insurance people exaggerate the insurance function, promise insurance benefits at will, and induce consumers to take out insurance, which lays all kinds of hidden dangers for future disputes.

The main reasons for insurance disputes include: 1. The insurance company lacks integrity and denies not to compensate after an accident; 2. The review of insurance claims is too strict, the procedures are cumbersome, and various conditions and restrictions are set; 3. The lack of business knowledge of the claims adjusters leads to the untimely and incomplete insurance compensation. 4. The insurance company does not issue an insurance policy to the policyholder or deliver the text of the insurance clauses; 5. The lack of judicial interpretation of the Insurance Law has led to large differences in the understanding and application of the law; 6. There are differences in the judicial concepts of adjudicators, resulting in a lack of uniformity in law enforcement standards; 7. The illegal operation of the insurer is one of the important reasons for the dispute over the insurance contract.

Article 11 of the Insurance Law The conclusion of an insurance contract shall be made through consensus and the rights and obligations of all parties shall be determined in accordance with the principle of fairness. Except where laws and administrative regulations stipulate that insurance is mandatory, insurance contracts are concluded voluntarily. Article 25 of the Full Judicial Interpretation of the Housing Sales Contract Article 25 If one of the parties to a commercial housing sales contract with a secured loan as the payment method requests confirmation that the commercial housing sales contract is invalid or revokes or dissolves the contract, if the guarantor files a lawsuit as a third party with independent claims, it shall be combined with the dispute over the commercial housing secured loan contract. If no litigation claim is filed, only the dispute over the sale and purchase contract of the commercial housing shall be handled.

If the guarantor files a separate lawsuit for a dispute over a loan contract secured by a commercial house, it may be tried together with a dispute over a contract for the sale and purchase of a commercial house. If the contract for the sale and purchase of commercial housing is confirmed to be invalid, revoked or dissolved, and the loan contract secured by the commercial housing is also dissolved, the seller shall return the principal and interest of the loan and the purchase price received to the guarantor and the buyer respectively.

1. The policyholder blindly applies for insurance without carefully reading the insurance terms. The insurance contract is the most important basis for the policyholder and the insured to settle claims. The policyholder should carefully read and study the terms of the insurance before applying for insurance, which is a clause that restricts the rights of the policyholder and the insured or creates obligations for the policyholder and the insured.

Otherwise, there is a risk that the intended purpose of the insurance will not be achieved.

2. The policyholder does not pay attention to the insurer's change of insurance terms and continues to insure. After the conclusion of the insurance contract, the insurer will unilaterally change the insurance terms according to the specific circumstances when renewing the insurance, and the policyholder often does not pay attention to this, thus bringing adverse consequences to himself.

3. The policyholder conceals or defrauds the insurance and fails to perform the obligation to tell the truth. The Insurance Law clearly stipulates that the policyholder must abide by the principle of good faith when signing an insurance contract, and if the policyholder deliberately conceals the facts and fails to perform the obligation to truthfully inform, which is enough to affect the insurer's decision on whether to agree to underwrite or increase the insurance rate, the insurer has the right to terminate the insurance contract and refuse to pay the insurance money. In practice, it is not uncommon for policyholders to conceal or defraud insurance.

4. The insurer does not comply with the duties and operates in violation of regulations. In order to solicit business, some insurance people exaggerate the insurance function, promise insurance benefits at will, and induce consumers to take out insurance, which lays all kinds of hidden dangers for future laughing source disputes.

1. How to deal with insurance disputes.

If there is an insurance contract dispute between the insured and the insurance company, it can be resolved through negotiation, arbitration, litigation and other means. Article 31 of the Insurance Law stipulates that: "In the event of a dispute between the insurer and the policyholder, the insured or the beneficiary over the terms of the insurance contract, the people's court or arbitration authority shall interpret it in favor of the insured and the beneficiary."

Negotiation refers to the way in which the parties to a contract resolve their disputes on their own in accordance with the provisions of the Insurance Law, relevant regulations and contract terms, on the basis of equality and voluntariness.

Arbitration means that when there is a dispute between the parties to a contract on a certain event or an issue, it is difficult to reach an agreement on the dismantling through negotiation, and the arbitration organ prescribed by the state can make an award in accordance with the law according to the application.

Litigation is a way to file a lawsuit to resolve a dispute over an insurance contract in accordance with the law. One party is the plaintiff and the requested party is the defendant. If one of the parties believes that the judgment of the people's court does not satisfy its own litigation claims or is inappropriate, it may appeal to the higher people's court within 15 days of receiving the judgment.

In the event of a dispute between the policyholder, the insured or the beneficiary and the insurance company over the conclusion, performance or termination of the insurance contract, the two parties shall first conduct friendly negotiations and strive to reach an agreement. If the negotiation fails, if there is an arbitration clause in the insurance contract or there is another arbitration agreement between the parties, the parties shall apply to the agreed arbitration institution for arbitration; If there is no arbitration clause or arbitration agreement, a lawsuit may be filed in the people's court in accordance with law.

Legal analysis: 1. Lack of integrity of insurance companies. 2. The review of insurance claims is too strict and the procedures are cumbersome. 3. Lack of business knowledge of claims adjusters. 4. Do not issue insurance policies to policyholders or deliver insurance clauses.

Legal basis: Article 1 of the Insurance Law of the People's Republic of China.

This Law is enacted in order to regulate insurance activities, protect the lawful rights and interests of the parties involved in insurance activities, strengthen the supervision and management of the insurance industry, safeguard the social and economic order of the society and the public interest, and promote the healthy development of the insurance industry.

Article 2 of the Insurance Law of the People's Republic of China.

The term "insurance" as used in this Law refers to commercial insurance in which the insured pays insurance premiums to the insurer in accordance with the contract, and the insurer bears the responsibility for compensating for the property losses caused by the occurrence of an accident that may occur as agreed in the contract, or bears the responsibility for paying the insurance money when the insured dies, is disabled, becomes ill, or reaches the age and time limit agreed in the contract.

1. Lack of integrity in insurance companies.

2. The review of insurance claims is too strict and the procedures are cumbersome.

3. Lack of business knowledge of claims adjusters.

4. Do not issue insurance policies to policyholders or deliver insurance clauses.

1. What is the cooling-off period of the insurance contract?

The hesitation period refers to the policyholder within 10 days after receiving the insurance contract, due to different regional regulations, some are natural days and some are working days. If you do not agree with the contents of the insurance contract, you can return the contract to the insurer and apply for cancellation. When surrendering a policy during the cooling-off period, it is important to pay attention to the following:

1. If you can't receive and distribute the policy in time due to special circumstances, it is best to notify the insurance company in advance;

2. After receiving the policy, be sure to fill in the policy receipt in person and indicate the date. Because the insurance company's determination of the cooling-off period is calculated based on the date of receipt;

3. The insured must read the insurance terms carefully and ask the ** person in time to avoid misinsurance.

2. The way of insurance compensation.

There are two ways to make insurance claims: compensation and payout. Insurance claim settlement refers to the act of the insurance company performing the obligation of compensation or payment when the insured suffers damage to the property or personal life of the insured due to the occurrence of an insured accident on the subject matter of the insurance, or when it is necessary to pay the insurance jujube money due to the occurrence of other insured accidents as stipulated in the insurance policy, which is a direct embodiment of the insurance function and the performance of the insurance responsibility.

3. Who is the defendant in the insurance contract.

According to the insurance contract, it is the basic right of the insurer to collect insurance premiums, and it is the basic obligation of the insurer to compensate or pay insurance money; Correspondingly, it is the basic obligation of the policyholder to pay the insurance premium, and it is the basic right of the insured to request compensation or pay the insurance money. The process of insurance claim: 1. If an insurance accident occurs, you should report to the insurance company in time, and send the relevant information to the insurance company by yourself or by entrusting others.

2. After receiving the materials, the claims department of the insurance company will immediately file the case. In case of major accidents or doubtful accidents, special personnel will be assigned to investigate. 3. The investigator shall investigate according to the requirements.

4. The claims adjuster reviews the materials to determine whether the accident is within the scope of insurance liability and calculates the amount of compensation. If in doubt, you can still send someone to investigate. Make a claim verification conclusion.

5. The claims adjuster will report the review opinions and conclusions, sign and approve by a special person, and close the case after signing and agreeing. 6. Notification of receipt of compensation or other written notice.

Article 1 of the Insurance Law of the People's Republic of China.

This Law is enacted in order to regulate insurance activities, protect the legitimate rights and interests of the parties involved in insurance activities, strengthen supervision and management of the insurance industry, safeguard social and economic order and social public interests, and promote the healthy development of the insurance industry.

Article 2 of the Insurance Law of the People's Republic of China.

The term "insurance" as used in this Law refers to commercial insurance in which the insured pays insurance premiums to the insurer in accordance with the contract, and the insurer bears the responsibility for compensating for the property losses caused by the occurrence of an accident that may occur as agreed in the contract, or bears the responsibility for paying the insurance money when the insured dies, is disabled, becomes ill, or reaches the age and time limit agreed in the contract.

Legal analysis: The review of insurance claims is too strict and the procedures are cumbersome. Lack of business knowledge on the part of claims adjusters. No policy is issued to the policyholder or the text of the terms and conditions of the insurance is served.

Legal basis: Insurance Law of the People's Republic of China

Article 136 Where the insurance clauses and insurance rates used by an insurance company violate laws, administrative regulations or the relevant provisions of the insurance regulatory authority, the insurance regulatory authority shall order it to stop using it and revise it within a time limit; If the circumstances are serious, the declaration of new insurance terms and insurance rates may be prohibited for a certain period of time.

Article 138 For insurance companies with insufficient solvency, the insurance regulatory authority shall list them as the targets of supervision by the re-actors, and may take the following measures according to the specific circumstances:

1) Order an increase in capital and reinsurance;

2) restricting the scope of business;

3) restricting the distribution of dividends to shareholders;

4) Limit the scale of fixed asset purchase or operating expenses;

5) Restricting the form and proportion of the use of funds;

6) Restrictions on the establishment of additional branches;

7) Order the auction of non-performing assets and the transfer of insurance business to celebrate potatoes;

8) Restricting the remuneration levels of directors, supervisors, and senior managers;

9) Restrictions on commercial advertising;

10) Order to stop accepting new business.

Article 139 Where an insurance company fails to withdraw or carry forward various liability reserves in accordance with the provisions of this Law, or fails to handle reinsurance in accordance with the provisions of this Law, or seriously violates the provisions of this Law on the use of funds, the insurance regulatory authority shall order it to make corrections within a specified period of time and may order the person in charge and relevant management personnel to be adjusted.

This article changes the intelligent discovery.

With the increasing number of insurance products and the diversification of insurance contracts, insurance disputes are inevitable. Clause.

1. The two sides shall negotiate and strive to reach an agreement. There is an insurance contract relationship between the insurer and the policyholder, and the policyholder must carefully read the relevant insurance clauses and special agreements in the insurance contract when signing the insurance contract, and understand the relevant insurance knowledge through a variety of channels, so as to reduce the probability of insurance contract disputes from the source; Even if there is an insurance contract dispute, it can also provide a legal contract basis for future negotiation between the two parties, so as to protect their legitimate rights and interests. Clause.

2. If it is difficult for the two parties to reach an agreement on the dispute over the insurance contract, and there is an arbitration clause in the insurance contract or there is another arbitration agreement between the two parties, they may apply to the agreed arbitration institution for arbitration, and the relevant dispute can be resolved through the arbitration institution in accordance with the law. This can not only avoid a lot of unnecessary conflicts and quarrels, but also protect their own relevant legitimate rights and interests. Clause.

3. If there is no result in the preliminary negotiation of the insurance contract and the insurance contract does not contain an arbitration clause or an arbitration agreement, the applicant may file a lawsuit with the people's court in accordance with the law, and safeguard its legitimate rights and interests and protection through the people's court in accordance with the relevant laws. This requires the majority of insurance customers to have a certain understanding and grasp of the relevant laws and regulations, which is of great help to protect their own relevant rights and interests in insurance contract disputes. Clause.

4. The local insurance industry association shall set up a special office for the settlement of insurance contract disputes. For insurance contract disputes, it can also be coordinated and handled through the contract dispute resolution office of the insurance industry association, so that the relevant rights and interests of customers can be faster, better and more comprehensively protected.