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引子人保财险江门分公司是广东省开办机动车辆消费贷款保证保险较早的地区, 但由于缺乏经验,管理不规范,盲目追求规模,加之整个社会信用体系的缺失造成了该司大量逾期欠款出现,诉讼案件接踵而至。面对严峻的局面,江门分公司总经理室认真分析形势,研究对策,在广东省公司清收办的支持和指导下积极应诉,保证保险诉讼工作取得突破性进展, 2005年4月和7月共有10个保证保险诉讼案件取得二审胜诉,为车贷清收工作打开了一条新路。 10个车贷险诉讼案件可分为两类, 第一类是有关出险通知义务,义务主体是银行;第二类是投保人义务。投保人投保后非法把贷款车辆转让,违反了保证保险合同的约定。其中第一类案件共9个,法院分别以银行没有履行保证保险条款规定的“投保人未能按保证保险合同约定的期限偿还欠款的,视为保险事故发生,当发生保险事故时,被保险人应在十个工作日内通知保险人,如属刑事案件的,应立即向公安机关报案。”和“发生保险事故后, 被保险人从通知保险人发生保险责任事故当日起六个月内不向保险人提交规定的单证,或者从保险人书面通知之日起一年内不领取应得的赔款,即作为自愿放弃权益”。认定江门人保财险公司不承担保险赔偿责任,而且举证责任在于被保险人。第二类案件1个,法院以“投保人在偿还贷款期间即在保险期限内,没有依照保证保险合同约定不得将贷款车辆进行转卖、转让或者转赠”。认定江门人保财险公司不承担赔偿责任。在庭审过程中,争论焦点主要集中在银保合作协议与保证保险条款的关系与效力问题;还有被保险人、投保人应承担义务问题。在保证保险法律纠纷中,由于涉及银行、保险人、借款人、担保人等多个主体,相互之间既有借款关系又有保险关系还有担保关系,案情较为复杂。因此, 在一些问题的认识上法律界、保险界、银行界都不同程度上存在分歧。根据实际的保证保险案件,我们对保证保险诉讼中的一些应诉思路和观点进行了整理和汇总以供参考。
However, due to lack of experience, irregular management and blind pursuit of scale, the absence of the entire social credit system caused a large amount of overdue arrears of the Division Appear, litigation cases come one after another. Faced with the harsh situation, General Manager’s Office of Jiangmen Branch carefully analyzed the situation and studied countermeasures. With the support and guidance of the Company’s Clean-up Office in Guangdong Province, it proactively responded to ensure that the insurance litigation work made a breakthrough. In April 2005 and July 7 A total of 10 guaranteed insurance litigation cases won the second instance, opened a new road for car loan recovery work. 10 car credit insurance lawsuit cases can be divided into two categories, the first category is about the risk of notification obligations, the main obligation is the bank; the second category is the obligation of the insured. After the insured insured to transfer the loan vehicle illegally, in violation of the agreement to ensure the insurance contract. Among them, there are 9 cases of the first type. The courts, respectively, fail to fulfill the provisions in the Articles of Assurance Insurance of the Bank that “the insured fails to repay the debts in accordance with the term as stipulated in the guarantee insurance contract and is regarded as an insured event. When an insured event occurs, The insurer shall notify the insurer within 10 working days and report the case immediately to the public security organ if it is a criminal case. ”And“ After the occurrence of the insured event, the insured person shall, within six months from the date of notifying the insurer of the occurrence of the insured liability Within the year without providing the insurer the required documents, or from the date of written notice of the insurer does not receive the due compensation, that is, as a voluntary waiver of rights and interests. ” Jiangmen PICC Property Insurance Company finds that liability insurance does not assume responsibility, and the burden of proof lies in the insured. In the second case, the court held that “the insured person shall not resell, transfer or transfer the loan vehicle within the term of insurance within the period of repayment of the loan without the guarantee insurance contract.” Jiangmen PICC Property Insurance Company does not assume liability for compensation. In the trial process, the focus of the debate is mainly on the relationship and effectiveness of the agreement between the bank and insurance cooperation and the terms of the guarantee insurance; and the obligation of the insured and the policyholder should be assumed. In the matter of guaranteeing legal disputes in insurance, due to the involvement of many subjects such as banks, insurers, borrowers and guarantors, there are both the loan relationship and the insurance relationship as well as the guarantee relationship with each other, the case is rather complicated. Therefore, on the understanding of some issues, the legal circles, the insurance sector and the banking sector all have different degrees of disagreement. According to the actual guarantee insurance case, we collate and summarize some of the responding ideas and opinions in the guarantee insurance litigation for reference.