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现金价值条款引发的保险合同纠纷很多。究其原因,在于选词不准、说明不当、投保人疏忽等方面。对现金价值条款理解有争议,人民法院或者仲裁机关应当作有利于被保险人和受益人的解释。未履行现金价值条款说明义务,合同可撤销;保险人要承担缔约过失责任。因此,保险实务中要注意:现金价值条款应尽量通俗化;保险人及其代理人应如实准确履行现金价值条款说明义务;投保人应充分行使知情权,科学确定是否退保及退保时机等。
There are a lot of disputes over insurance contracts triggered by the cash value clause. The reason is that the choice of words are not allowed, explain improperly, insured negligence and so on. There is controversy over the understanding of the terms of cash value, and the people’s court or the arbitration organ should interpret it in favor of the insured and the beneficiary. Failing to fulfill the obligations of the cash value clause, the contract may be revoked; the insurer shall assume the responsibility for contracting the contract. Therefore, the insurance practice should pay attention to: the cash value of the terms should be as popular as possible; the insurer and his agent should faithfully fulfill the cash value of the terms of the obligation to explain; the insured should fully exercise their right to information, scientifically determine whether the surrender and surrender opportunities .