13/04/2023 16:43

Collection of judgments on life insurance contract disputes where the policyholders won in Vietnam

Collection of judgments  on life insurance contract disputes where the policyholders won in Vietnam

“I would like to have some judgments on life insurance contract disputes where the policyholders won in Vietnam . Thank you!" _ Ngoc Lan (Dong Nai, Vietnam)

Hello, the Lawnet would like to send you some judgments on life insurance contract disputes where the policyholders won: 

1. Judgment 240/2021/DS-PT dated March 16, 2021 on insurance contract disputes

- Level of trial: Appellate.

- Judicial body: Ho Chi Minh City People's Court.

- Quoted content: "The defendant stated that the plaintiff's reason for deliberately making false statements when signing the contract, not paying insurance benefits, is that there is no legal basis and there is no practical basis. Although the defendant has evidence to prove that at the time the two parties signed the life insurance contract, Mr. H and the plaintiff provided incorrect information about Mr. H's medical condition, on February 8 and 9, 2017, Mr. H had 02 visits and was hospitalized for treatment at An Phuoc General Hospital because he was diagnosed with a non-ST-segment elevation myocardial infarction. On February 15, 2017, Mr. H continued to be examined and was diagnosed with ischemic heart disease (MI)/old myocardial infarction. However, in fact, the cause of Mr. H's death due to traumatic brain injury, chest injury is a risk caused by a traffic accident, so it is in the case (subject) that is insured under the agreement in the contract."

- Result of settlement: Force A Vietnam Life Insurance Company Limited to pay insurance benefits to Ms. Nguyen Thi V with the amount: VND 250,000,000.

2. Judgment on insurance contract disputes No. 24/2021/DS-ST

- Level of trial: First instance.

- Judicial body: People's Court of Y district, Hung Yen province.

- Quoted content: "Question: During the past 5 years, did the insured have to receive inpatient or outpatient treatment at any hospital or medical center? If yes, please provide details: when; name of hospital; reason for how long? 7. Question: Has the insured ever had any tests done? (ultrasound, electrocardiogram, urine test, blood test, X-ray, computed tomography (CT), endoscopy, biopsy, etc.). Please specify the type of test performed, the results, the reason for it, and when it was performed.

Mr. K checked the box "no" as dishonest in the declaration. Mr. K must check the "yes" box when answering the above questions, and then Mr. K continues to state that he has been hospitalized for treatment at X General Hospital, the reason being "alcohol poisoning". Mr. K's failure to declare this information has caused the company to incorrectly assess the risks that he must bear when accepting insurance for Mr. K, and this has seriously affected the interests of the company."

- Result of settlement: Partially accepting the claim of plaintiff, Ms. Do Thi T. Forcing P Vietnam Life Insurance Co., Ltd. to be responsible for paying Ms. Do Thi T the sum insured under 04 insurance contracts of VND 1,862,844,000 (One billion eight hundred and sixty-two million, eight hundred forty-four thousand dong).

3. Judgment 610/2020/DS-PT dated June 30, 2020 on insurance contract disputes

- Level of trial: Appellate.

- Judicial body: Ho Chi Minh City People's Court.

- Quoted content: "On November 5, 2015, Company M sent a letter to suspend her 02 insurance policies, numbers 288038249-2, 288039698-9. Company M said that before participating in these two insurance policies, she had 04 medical examinations at the VH District Health Center without declaring. Due to dishonesty, the company unilaterally terminated 02 contracts and confiscated the fee that she paid, which was 353,114,000 VND.

- Result of settlement: Partially accepting the petition of plaintiff Ms. Dang Thi Kim L. Forcing M (Vietnam) Co., Ltd. to continue to restore Insurance Policy No. 288039698-9 to its effective date of May 14, 2012 issued on May 31, 2012, between the insurance buyer Ms. Dang Thi Kim L. Ms. L must continue to pay the premium for the entire period of termination of the contract mentioned above. Within 30 days from the date the judgment takes legal effect, if Ms. L does not pay the outstanding premium, the insurance contract will automatically terminate, and the defendant, M Company Limited, is not required to refund the premiums that Ms. L has paid for this policy.

4. Judgment 19/2020/DS-PT dated 12/11/2020 on insurance contract disputes

- Level of trial: Appellate.

- Judicial body: People's Court of Quang Tri province.

- Quoted content: "The incorrect declaration is not the fault of the insurance buyer but due to the fault of the insurance consultant who did not advise the insurance buyer and self-declared the information in the insurance contract and the insurance claim in order to conclude the insurance contract. Ms. Tran Thi H's behavior is a violation of the obligation to provide information as prescribed at Point a, Clause 2, Article 17 of the Law on Insurance Business No. 24/2000/QH10. Therefore, in Official Dispatch No. 10/BVNTQT, it is not true that the insurance buyer (Mrs. Nguyen Thi Thuy Tr) violates the obligation to provide information.

Article 88 of the Law on Insurance Business stipulates: "Where insurance agents breach the insurance agency contracts, causing damage to the legitimate rights and interests of the insured, the insurance enterprises shall still have to bear the responsibility for the insurance contracts concluded by the insurance agents; the insurance agents shall have to refund to the insurance enterprises the amounts the latter have paid to the insured."

- Result of settlement: Accepting the entire claim of plaintiff Ms. Truong Nguyen Tu Tr, forcing Baoviet Nh Corporation to pay Ms. Truong Nguyen Tu Tr the insurance amount of VND 300,000,000 under the An Phat Hung Gia life insurance contract.

Nguyen Thi Sang
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