According to our country " insurance law " the concerned regulation that wait, the Zhao Mou in this case knows perfectly well this van to have a problem, but still buy with low, cast when protecting, he is cast above quota not only kept motor-driven car with average, still concealed the true condition of this van, violated the obligation of insurant, from this, insurance company has authority to remove this insurance contract, do not lose liability to pay compensation.
According to " motor-driven car clauses " the 22nd the first regulation: "Insurant and its driver ought to make car of good for emergency use safeguard, maintain the job, insurance car outfit is cut into parts must accord with a regulation, make its hold position of safe travel technology. " accordingly, although this car carried car check section year careful, but do not accord with actually deliver level of the technology that keeps car, quality, and Zhao Mou is cast protect amount far outclass its purchase car price, hind of be or get out of danger rejects the proposal of car of underwriter rehabilitate damage again, its intent depends on reparations of insurance of diddle high specified number, according to our country " civil code general rule " the 58th concerned regulation, "One party with con, threatening or take advantage of sb's precarious situation, those who make what the other side is below the condition that violates true meaning " civil action is invalid, "Conceal illegal destination with legal form " civil action is invalid. Accordingly, this insurance contract is invalid contract, from begin to conclude rise to do not have legal effectiveness.
And, according to our country " insurance law " the 16th regulation: Conclude contract, the underwriter ought to show content of insurance contract provision to policy-holder, can be sure of mark or the concerned circumstance of insurant puts forward an inquiry, policy-holder ought to be informed according to the facts; Policy-holder hides a fact intentionally, nonperformance tells obligation according to the facts, or because error was not fulfilled,tell obligation according to the facts, enough affects an underwriter to decide to whether agree with accept insurance to perhaps raise premium rate, the underwriter has authority to remove insurance contract; Intended nonperformance tells policy holder according to the facts compulsory, the insurance accident that before the underwriter removes to insurance contract, produces, do not assume compensation to perhaps give the responsibility that pays insurance gold, do not reimburse insurance premium; Policy-holder was not fulfilled because of error tell obligation according to the facts, have serious effect to the happening of insurance accident, the insurance accident that before the underwriter removes to insurance contract, produces, do not assume compensation to perhaps give the responsibility that pays insurance gold, but can reimburse insurance premium.
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