Insurance claims are a concrete manifestation of the insurer's contractual obligations, and also a necessary way for the insured to obtain actual insurance protection and realize their insurance rights. Due to the characteristics of catastrophic risk, there may be differences in claims between catastrophic insurance and general insurance. Therefore, it is necessary to specifically clarify the issue of claims in catastrophic insurance legislation. Below are detailed description of relevant information.
1.No policy claims issue.
When natural disasters such as earthquakes, typhoons, and floods occur, there are often unfortunate occurrences of house damage, human death, and property loss, and catastrophic insurance policies may also be lost. Claims applicants for catastrophe insurance may also encounter claims without a policy when claiming from insurance companies. The policy, as an insurance contract, records the rights and obligations of the parties involved, but the loss of the policy cannot be a reason for the insurer to refuse compensation, because the Insurance Law does not make the loss of the policy a condition for the insurer not to assume responsibility. After the occurrence of an insurance accident, when requesting compensation or payment of insurance benefits from the insurer in accordance with the insurance contract, the policyholder, insured, or beneficiary shall provide the insurer with all relevant certificates and materials that they can provide to confirm the nature, cause, degree of loss,etc,of the insurance accident." Since the insurance accident has already occurred, It is indeed difficult for the claim applicant to provide the claim information stipulated in the policy due to the occurrence of a catastrophic disaster. The insurance company should proactively retrieve the underwriting data, provide non policy claim services for the claim applicant, verify the accident, and fulfill the contractual obligations.
2.The issue of compensation for insurance benefits after a major disaster.
The main issue involved here is how to compensate or handle the insurance benefits in the event of the death of both the insured and the beneficiary of the "personal catastrophe insurance". If the beneficiary dies before the insured in a catastrophic event, and the insured has no other beneficiaries, then according to Article 63 of the Insurance Law, the insurance benefits will be treated as the inheritance of the insured, and the insurer shall fulfill the obligation to pay the insurance benefits to the insured's heirs.
However, due to disasters such as earthquakes that have resulted in the death of a family, it can be said that there are many cases where the beneficiary may die before the insured, and the insured has no other beneficiary, and the legal heir of the insured also died in the disaster. How can the insurance benefits be compensated or handled at this time? If the deceased was a member of a collective ownership organization before his death, the inheritance belongs to the collective ownership organization where he belongs. According to the above legal provisions, if the insurance benefits treated as inheritance are not bequeathed, they shall belong to the state or collective.
(Writer:Ganny)