杀妻骗保案赔付之解释

Explanation on the Case of Cheating Insurance Benefits by Killing one's Wife

李某杀妻骗保案,因保险人无法证明李某是实际投保人,故只能以保险合同书面记载的投保人廖某为法律意义上的投保人。以合法形式掩盖非法目的,只能适用于合同当事人,而该案合同当事人廖某并无骗保之故意。并且,保险学上所谓之危险不确定性,应针对被保险人而言,并非针对投保人,本案风险对廖某仍属不确定,保险人仍可承保。自上述角度而言,李某杀妻骗保案,保险人仍应对被保险人廖某之继承人赔付。

In the case that Lee killed his wife and cheat to obtain insurance benefits, the insurer can not prove that Lee was the applicant. So the applicant in law can be only judged by the insurance con tract, namely, Liao should be regarded as applicant. The regulation of covering up illegal ends in legal form can be only adapted to the parties to a contract. However, as the party of contract, Liao didn＇t in tend to cheat. Besides, in the area of insurance, the uncertainty of risk is supposed to aim at the insured rather than applicant. In this case, it was uncertain for Liao, therefore, the insurer should assume insur ance liability. From these views, we can conclude that insurer should pay the insurance benefits to the successors of Liao.