For the birth of the fetus, there is a hidden health hazard in the fetus. Can parents pay for compensation?The court was sentenced

The essence of insurance is guarantee. In the process of children's growth, it is inevitable that they will encounter diseases and accidental attacks, and buying insurance can disperse these risks. Therefore, many parents will choose to buy insurance for their children.

But if you buy insurance, can you get compensation? What are the cases of the insurance company refused? The reporter learned from the Guangzhou Baiyun Court today that the court concluded a dispute case caused by the insurance company's refusal to pay for the child.

Buying critical illness insurance for children is refused to pay

During the pregnancy, Wu was abnormal during the hospital's birth check. Subsequently, Wu gave birth to his daughter Xiao Jin. When Xiao Jin was six months old, Wu insured a child's major illness insurance to the insurance company through the online applet.

After that, his mother Wu found that Xiao Jin was abnormal, so he took him to the hospital for treatment. After being diagnosed with doctors, Xiaojin suffered from the left extremely severe sensor neurofapt, and the right -sided severe sensor neurofa.

After the diagnosis, his mother Wu claimed to the insurance company, but was rejected, and then filed a lawsuit with the Baiyun Court.

The plaintiff Xiaojin said that the dual -ear hearing power was permanent and irreversible, and the insurance contract agreed to "durate", and the insurance company should pay in accordance with the contract.

In response, the defendant's insurance company argued that the insured did not fulfill the obligation of truthful notification and had a significant impact on the insurance company's underwriting decision. The insurance company had the right to lift the insurance contract and refuse to pay the compensation in accordance with the relevant provisions of the insurance law and the agreement between the two parties. Essence

Focus on controversy: Has Wu had fulfilled the obligation to inform truthfully when insured?

The court found that Xiao Jin's condition has reached the standard of paying insurance compensation in the insurance contract involved in the case.

According to Article 16 of the Insurance Law of the People's Republic of China, the "Supreme People's Court's Interpretation of the Insurance Law of the People's Republic of China" Article 5, 6, and 12 of Article 5 of the People's Republic of China Perform the obligation of truthfully, that is, the insured should be truthfully informed according to the content asked by the insurer. When Wu had a birth check -in before the birth of Xiaojin, he knew that the health status of the fetus was abnormal, and on the day of birth, it was inspected as a high -risk newborn and a brain chamber expansion. Happening.

The court believes that although Wu entered into an insurance contract online, he has the obligation to review all the contents of the online documentation. After the insurance contract reminds the exemption clause, Wu should realize the obligation to the health notification; Wu Mou not only did not tell the truth about this, but also concealed the above facts when the staff of the insurance company reminded the return visit, and confirmed that the exemption clause had been read. Licenses requesting the insurance company to pay insurance compensation in accordance with the law should be rejected.

To this end, the Baiyun Court ruled the first instance: rejected all the claims of the plaintiff Xiao Jin.

After the sentence, the plaintiff Xiao Jin refused to accept and appealed. The Guangzhou Intermediate People's Court made a second trial judgment: the appeal was rejected and the original judgment was maintained.

Judge said: The principle of not doing integrity is unfavorable to the consequences of responsibility

The principle of integrity is not only the clause of the civil code, but also the basic principles that the main body of market economy activities should follow.

This principle is reflected in the insurance contract as the factors that the insured should not be concealed by the factors that affect the insurance company's willingness to underwear and the insurance costs. If the adverse consequences of the adverse consequences caused by the principle of not fulfilling their integrity, they should bear their own responsibilities.

Article 16 of the "Insurance Law of the People's Republic of China" stipulates: "If the insurance contract is concluded, the insurer shall ask the insurance target or the relevant situation of the insurer, and the insurer shall truthfully inform. The provisions of the truthful informing obligations are sufficient to affect the insurer whether the insurer decides whether to agree or increase the insurance premium rate, and the insurer has the right to terminate the contract.

Parents want to provide better guarantees for their children, but they should be created for them through honest and trustworthy behaviors. If behavior and legal provisions are contrary to the law, it is inevitable that the bamboo basket is empty.

Text/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Correspondent: Yunfa Xuan Guangzhou Daily · Xinhuacheng Editor: Zhang Yu

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