对司法机关向保险公司提出协助执行保险费要求的分析

An analysis on judicial organ's requirement for the insurer's assistance in premium execution

保险公司经常遇到公安、检察机关或法院要求协助执行投保人保险费的情形。保险合同不同于客户在银行存款的合同。银行存款合同中存款所有权始终归存款人,而投保人交付的保险费的所有权依据合同转移给保险人。司法机关要求保险公司协助执行时,必须确认债务人在保险公司有合法债权。保险公司在协助司法机构执行时,只有在熟悉相关法律法规、熟知基本事实的基础上,有理有据地进行积极抗辩和有效沟通,才能最大限度地维护保险公司和保险共同体的利益,从而更好地为广大客户服务。

Insurance company will often be confronted with the request of assistance from the police station, the procuratorate or the court for execution of insurance premium by the applicant. The insurance contract differs from the bank deposits. Bank deposits ultimately belong to the depositor, whereas the ownership of premium paid by the applicant is transferred to the insurer according to the contract. When the judicial organ requires the insurer to assist with their execution, it should first be established that the debtor has lawful credit right with the insurer. And the insurer, while providing assistance to the judicial organ, should proactively contest and communicate on a justified ground to protect to the maximum level interests of itself, and their insureds on the basis of familiarity with relevant laws and regulations and the factual backgrounds.