| Driven by economic interests and non-standard management,the behavior of signing insurance contract on behalf of the insured often occurs.Because the insurance company fails to fulfill the obligation of informing the notice of the exemption form clause,the exemption form clause has no legal effect on the applicant.However,if the insured has any illegal and criminal acts such as drinking,driving,hit and run,etc.,which are prohibited by laws and regulations,the insurance company should be exempted from the obligation to inform the insurance company of such exemption standard terms.Theoretical research is insufficient,legislation also needs to be improved,judicial practice has not formed a unified path to determine the effectiveness of the standard terms,leading to different judgments in the same case,the "three-step progressive review method" can be used.Taking the insurance contract dispute case between Li and an insurance company as the starting point,focusing on the focus of the dispute,this paper analyzes the legal theory and legal provisions,and holds that the insurance company signed by both parties belongs to the standard contract.Because the applicant has the illegal behavior of drinking,driving,causing trouble and escaping,the insurance company has the right to exempt the notification obligation of such exemption standard terms,and the exemption is not valid The standard clause has been included in the insurance contract;the insured’s payment of premium has the effect of recognizing the insurance contract signed on behalf of others,and the defects of the validity of the insurance contract have been corrected;the exemption clause is not invalid as stipulated in the contract law and the insurance law.Therefore,the exemption clause has legal effect on both parties,and the insurance company is exempt from liability. |
