What Are Insurance Proceeds?

The benefit of insurance is that the beneficiary of the insurance money is designated by the insured (or the minor guardian), and the insurance money is used as the beneficiary of the property gift. Other non-beneficiaries have no right to dispose or divide. Legal inheritance means that the insurance policy is not clearly specified The beneficiary of the insurance proceeds, instead, distributes the insurance proceeds as inheritance in the order of inheritance.

Insurance benefits

The benefit of insurance is that the beneficiary of the insurance money is designated by the insured (or the minor guardian), and the insurance money is used as the beneficiary of the property gift. Other non-beneficiaries have no right to dispose or divide. Legal inheritance means that the insurance policy is not clearly specified The beneficiary of the insurance proceeds, instead, distributes the insurance proceeds as inheritance in the order of inheritance.

Chinese name

Insurance benefits

Corresponding

Insured

Object

Beneficiary of insurance

Attributes

Beneficiary

(I) The meaning of insurance beneficial rights

The right to benefit from insurance, also known as the right to receive insurance benefits, has three different meanings: broad, neutral, and narrow. In the broad sense, the beneficial right to insurance not only exists in life insurance contracts, but also in property insurance contracts. It refers to the right to request and receive insurance benefits after various insured accidents occur. In the meaning of insurance, the right to benefit from insurance exists in life insurance contracts and refers to the right to request and receive insurance benefits after various life insurance accidents. The benefit of insurance in the narrow sense only exists in life insurance contracts containing death insurance factors, and refers to the right to request and receive death insurance benefits after the occurrence of an insured event in which the insured person died. In insurance theory and practice, people use the concept of the beneficial right of insurance in a narrow sense. In the life insurance contract, the insured has the right to request and receive the insurer to pay the survival insurance, disability insurance, sickness insurance, medical expenses insurance, and income security insurance, although they are insurance benefits in a broad sense and in the Chinese meaning. However, because it is an inherent right of the insured and is not enjoyed and exercised by persons other than the insured, it is different from the right to benefit from insurance in the narrow sense and is called the right of the insured.

(II) The nature of insurance beneficiary rights

The beneficiary right of insurance is essentially that the insured transfers the economic risks arising from his death by participating in a life insurance contract containing death insurance factors, meets the economic needs of his surviving or trusted person, and sets the requirements and requirements for the beneficiary. Right to receive death benefit.

It is a property right. Although the beneficiaries of insurance are usually close relatives of the insured, the benefits of insurance are not personal rights. It consists of requesting and receiving insurance benefits and is a typical property right. Second, the right to benefit from insurance is the right to claim and receive the right to death insurance. The beneficiary right of insurance refers to the claim of the beneficiary to the insurer and the death insurance premium is the content. The claim is the unity of the right of claim and the right of acceptance. The right to claim and receive the death benefit paid by the insurer. In addition, the beneficiary does not enjoy other rights in the insurance contract, nor does he have any obligation to pay insurance premiums, truthful notification, and notification of increased danger. Third, the insurance beneficiary right is a right that has both the characteristics of expectation and acquired rights. Civil rights can be divided into anticipatory rights and acquired rights based on whether they are realistically enjoyed and exercised. Prior to the occurrence of the insured death, the beneficiary of insurance only enjoyed the right to expect the payment of insurance premiums. When the insured dies, the insurance beneficiary rights are converted into vested rights, and the insurance beneficiaries can enjoy and exercise them realistically. Fourth, the beneficial right to insurance is the inherent right of the beneficiary. The acquisition of civil rights is divided into original acquisition and transmission acquisition. The insurance beneficiary right is the right that the beneficiary enjoys to the insurer based on the designation of the insured or the insured or the presumption of the law. The right of the insured or insured. The benefits of insurance are different from the rights of the insured and the insured. Generally speaking, on the one hand, the policyholder has the obligation to pay insurance premiums, and on the other hand has the right to cancel or terminate the insurance contract, request a refund of the premium, receive the cash value of the insurance policy, renew the insurance, specify and change the beneficiary of the insurance. The insured person usually enjoys the right to request and receive the insurer to pay insurance benefits in the property insurance contract, the right to designate and change the beneficiary of the insurance in the life insurance contract, and requests and the insured person to pay the survival insurance and disability insurance Rights to medical insurance, sickness insurance, medical expenses insurance, income security insurance, but not the right to request and receive their death insurance. Beneficiary rights are simply the right to request and receive death insurance benefits. Beneficiaries do not enjoy the above rights enjoyed by the insured or insured.

(I) Loss of insurance beneficial rights and exemption of insurers

The loss of insurance beneficiary rights means that the beneficiaries are deprived of the beneficiary rights in accordance with the law because they have serious moral risk behaviors against the insured. Insurance law forbids any act that encourages or induces financial and fatal acts, as the law says that a person should not benefit from his evil deeds. Therefore, the beneficiary who intentionally murders the insured, regardless of the attempt or attempt, shall be deprived of the right to benefit in accordance with the law. Although sometimes in beneficiary murder trials, the beneficiaries are acquitted. But a acquittal does not necessarily mean that the beneficiary is entitled to the payment of insurance benefits. Because the lawsuit against life insurance benefits belongs to the category of civil lawsuits, the evidence required in civil lawsuits is different from the evidence required in criminal lawsuits. Relevant facts in civil lawsuits can be proved by superior evidence, and convictions in criminal proceedings must be conclusive evidence, not just rational doubt. Therefore, even if the beneficiary of the insurance is acquitted in a murder trial, he is not entitled to insurance money in civil proceedings. For example, a beneficiary killed the insured because of temporary insanity. Although he was acquitted in criminal proceedings, he still does not have the right to death insurance benefits in civil proceedings. If the beneficiary killed the insured in a legitimate self-defense, the right to benefit will not be lost. The deprived beneficiary's right of beneficiary can be either the right of expectation or the acquired right; it can be either the right of the designated beneficiary or the right of the legal beneficiary.

(2) Loss of insurance beneficial rights and termination of insurance contracts

Article 28, paragraph 1, of the Chinese Insurance Law stipulates that if the beneficiary lied about the occurrence of an insured accident and made a request to the insurer to pay insurance premiums without an insured accident, the insurer has the right to request the termination of the insurance contract. No refund of insurance premiums. Paragraph 2 provides that if the beneficiary intentionally creates an insured accident, the insurer shall have the right to terminate the insurance contract and shall not be liable for the payment of insurance benefits. If the beneficiary is also the insurer, the insurer has the right to terminate the insurance contract, but it is self-evident; but if the beneficiary is not the insurer, the insurer can only refuse to pay the compensation and has no right to terminate the insurance contract. Paragraph 3 of the same article stipulates that if the beneficiary claims the insurer with false or altered relevant certificates, materials or other evidence to fabricate false accident causes, the insurer shall not be liable for the payment of insurance premiums. According to the provisions of paragraph 4 of this article, if the beneficiary of insurance commits one of the acts listed in the preceding three paragraphs and causes the insurer to pay insurance premiums or expenses, they shall be refunded or compensated. In addition, in order to prevent the moral hazard of the beneficiary, whether the designated beneficiary or the statutory beneficiary has performed the above acts, the right to insurance benefits shall also be forfeited. China's "Insurance Law" only stipulates that the beneficiary should deliberately lose the insurance beneficiary right when it accidentally creates an insurance accident. It does not stipulate that the insurance beneficiary should lose the insurance beneficiary right when it is fraudulently compensated.