寿险核保期被保险人意外身故法律问题研究

Legal Issues Caused by Sudden Deceases During the Underwriting Period of Life Insurance

旨在运用利益衡量的方法对寿险核保期被保险人意外身故所导致的法律问题进行研究。实践中,现行法院的解释不尽如人意。保险公司推出的临时保险条款虽然在一定程度上缓解了保险当事人双方之间的矛盾,但总的来说,普通寿险暂保单制度并无必要,而无条件临时保险制度则不可行。寿险合同本质上为附生效条件合同。保险消费者应获得承诺权,以制衡保险人的定价权,从而实现保险当事人之间的利益平衡。

This article studies the legal derwriting period of the life insurance rent interpretation is not satisfactory. 1 issues caused by the sudden decease of the insured people during the un by measuring the benefits of related parties. In praetiee, law court＇s cur Although the temporary insurance policy that the insurance company launches alleviates to some extent the contradiction between both parties of the insurance, the ordinary tempo- rary insurance system is generally not necessary, and unconditional temporary insurance system is not feasible. Life insurance contract is essentially the contract with conditions attached to the entries put into force. Insur- ance consumers should have the right to get commitment so as to balance the insurer＇s pricing, thus a balance between the interests of the related parties can be achieved.