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The insurance contract was signed on behalf of the salesperson. What remedies are available now?

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The insurance contract was signed on behalf of the salesperson. What remedies are available now?


        

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  • 2024-06-12 18:00:02

    The insurance contract was signed on behalf of the salesperson. What remedies are available now?
    Please refer to the following cases. Legal Consequences of Insurance Contract Signing on Behalf of Mr. Wang v. A Life Insurance Co., Ltd. If the insurance salesman signs on behalf of the applicant, but the applicant has paid the insurance premium, it shall be deemed that the applicant has ratified the act of signing on behalf of the applicant. The Interpretation (II) involves the following clauses: Paragraph 1 of Article 3, if the applicant or the agent of the applicant fails to sign or seal the insurance contract in person when signing it, but the insurer or the agent of the insurer signs or seals it on behalf of the applicant, it will not be effective for the applicant. However, if the applicant has paid the insurance premium, it shall be deemed that it has ratified the act of signing or sealing on behalf of the applicant. [Brief case] Mr. Zhang, the salesman of the insurance company, and Mr. Wang, the applicant, are classmates. When Mr. Zhang was selling insurance products to Mr. Wang, Mr. Wang was on a business trip, so Mr. Wang asked Mr. Zhang to find his wife at his home to collect insurance premiums. Zhang then went to Wang's house to find Wang's wife and got the insurance premium, and signed the application on behalf of Wang. Both the applicant and the insured recorded in the application form are Mr. Wang. The type of insurance insured is serious disease insurance. The insurance period is lifetime. The period of paying insurance premium is 20 years. The amount of insurance premium payable per year is 2000 yuan. After Wang returned to Beijing on business, Zhang handed the insurance contract and premium invoice to Wang. Since then, Mr. Wang has paid the insurance premium normally every year, with a total of 12000 yuan. Until 2006, when the relationship between Wang and Zhang deteriorated, Wang sued the insurance company, claiming that the application form was not signed by himself. [Court judgment] The court held that after Mr. Zhang signed the application form on his behalf, Mr. Wang obtained the insurance contract text and premium invoice handed over by Mr. Zhang, which should be regarded as his knowledge of the act of signing on behalf of Mr. Zhang. In the five years since then, Mr. Wang has paid the annual premium in full and on time as agreed in the insurance contract, which means that he expressed his ratification of Mr. Zhang's signing on his behalf by actively participating in the performance of the contract. Accordingly, the court found that Wang had ratified Zhang's act of entering into an insurance contract on his behalf and rejected Wang's claim. Do you understand that?

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