论文部分内容阅读
案情梗概刘佳明在新津拥有很多产业。2002年2月5日,刘佳明在泰康人寿保险股份有限公司四川分公司购买了一份险种为“吉祥相伴”的定期保险,保险金额为49万元,保险期限为10年。刘佳明将受益人约定为他的大女儿思思(化名)。双方约定,交费频率为每年一次。但当年9月6日,刘佳明与妻子赵萍开车外出收账,就此失踪,警方努力查找仍无结果。刘佳明的家人想起了这份人身保险,联系上了当时签订保单的业务人员周某,告知刘佳明失踪的情况。随后,周某也打电话向公司报告了该情况。该过程,也都经过了公证处的公证。但由于刘佳明夫妇失踪案没有充分证据证明是刑案,因此公安机关最终未正式立案。其家人只好依法律程序,向新津法院申请宣告刘佳明、赵萍死亡,终于在2008年2月21日,新津法院依法宣告刘佳明、赵萍死亡。在判决书中,法院确认了刘佳明、赵萍的失踪时间是2002年9月6日。收到判决书后,思思依照和保险公司的约定,要求其赔付保险金。没想到却遭到了拒付。保险公司的理由是:刘佳明失踪后这几年,未按期交纳每年1794.60元的保费。无奈之下,思思将保险公司诉至法院。
Liu Jiaming Liu Xinming has a lot of industries in Xinjin. On February 5, 2002, Liu Jiaming purchased a term insurance with “auspicious accompaniment” in the Sichuan branch of Taikang Life Insurance Co., Ltd. with an insured amount of 490,000 yuan and an insurance period of 10 years. Liu Jiaming agreed to the beneficiary for his eldest daughter Sisi (a pseudonym). Both parties agree that the payment frequency is once a year. However, on September 6 of that year, Liu Jiaming and his wife Zhao Ping drove out of the car and disappeared. Police tried hard to find no result yet. Liu Jiaming’s family remembered the personal insurance, contacted the business staff at the time signed the policy Zhou, Liu Jia Ming told the disappearance of the situation. Subsequently, Zhou also called the company to report the situation. The process, also have notary notary office. However, due to the disappearance of Liu Jia-ming and his wife there is no sufficient evidence to prove that the case is a criminal case, the public security organ did not officially put on record. Their families had to apply to the Xinjin court to declare Liu Jiaming and Zhao Ping their deaths according to legal procedures. Finally, on February 21, 2008, the Xinjin court declared Liu Jiaming and Zhao Ping to death according to law. In the verdict, the court confirmed that Liu Jia Ming and Zhao Ping disappeared on September 6, 2002. After receiving the verdict, Sisi, in accordance with the agreement with the insurance company, demanded payment of the insurance money. I did not expect it was refused protest. The reasons for the insurance company are: Liu Jia Ming disappeared these few years, failed to pay the annual premium of 1794.60 yuan. In desperation, Sisi sued the insurance company to the court.