Recently, a number of taxi owners in Shijiazhuang, Hebei Province, reported to the Yangguang News Hotline that when they renewed this year's commercial insurance for taxis, they were refused insurance by a number of insurance companies, and most of the insurance company salesmen gave the reason for refusal to control the insurance system, and some salesmen bluntly said that the refusal of insurance (third-party liability insurance) is mainly the high accident rate of the taxi industry, and the insurance company is unwilling to do the business of losing money.
The reporter's investigation found that such a phenomenon is not an isolated case, and there are also places that refuse to give commercial insurance to trucks, and even some places refuse to give compulsory insurance to taxis in violation of regulations. Is it legal and reasonable for insurance companies to be so "picky and thin"?
Master Guo, a taxi owner in Shijiazhuang, is worried about renewing the commercial insurance for taxis these days. Seeing that the commercial insurance insured last year was about to expire, he ran a number of insurance companies, and the salesman heard that it was a taxi insurance, and most of the claims given were system control.
Taxi owner consulting commercial insurance insurance was rejected (picture provided by the owner of the car)
Control line rule prompt information (Central Broadcasting Network sent by the owner of the picture)
Master Guo said: "Give compulsory insurance to the upper handover, and the third party (liability insurance) commercial insurance is not given to the upper." Ping An (insurance) does not give up, sunshine (insurance) does not give up, PICC does not give a few days ago, and there is an insurance company called Tianan (insurance) does not. ”
Master Guo told reporters that he was a commercial insurance on China Taiping Insurance last year, but this year's renewal was rejected, and he switched to other insurance companies, but found that almost all insurance companies in Shijiazhuang were "cold-eyed" to taxis. Master Guo also said that his taxi has never had an accident, the insurance company has not been insured, and it has been turned away by the insurance company. If you don't have commercial insurance, taxis certainly don't dare to hit the road.
A salesman at China Taiping Insurance told the owner of the consultation that the refusal of insurance and whether his taxi had been insured had not been insured.
Owner: My car has never been in danger.
China Taiping Insurance Salesman: It has nothing to do with haunting.
Owner: We can't get on this, what is the reason?
China Taiping Insurance Salesman: Commercial insurance is because the loss rate is too high, can only be handed over to the strong, not let the commercial.
The reporter contacted a number of insurance companies as the owner of the taxi car to consult the problem of insuring commercial insurance, and was told of the current system control.
Reporter: Can the commercial insurance of taxis be available now?
Sunshine Insurance Salesman: The commercial insurance of taxis in the system is not yet ok, and it is possible to cross the border.
Reporter: Is this a system control or a company regulation?
Sunshine Insurance Salesman: The system is controlled, and the system control is not the company's (regulations)?
Reporter: Is it that all taxis can't get commercial insurance?
Sunshine Insurance Salesman: Taxis can't do it anyway!
Screenshot of the chat between the owner and the salesman (sent by the Central Broadcasting Network for the car owner)
Chinese salesman of insurance property insurance told reporters that if the taxi last year was PICC property insurance, this year may be able to renew the insurance, but the amount of insurance must be 1 million, and there was no provision in this regard last year.
Reporter: Guarantee 1 million to do it, right?
Chinese Insurance Property & Casualty Salesman: Yes, so some of us have to try, and some can and some can't. System control!
Reporter: What is the reason?
Chinese Insurance Property Insurance Salesman: I am not willing to give it to you! I think the compensation for taxis is too large, and everyone is reluctant to collect money when they do the loss business, all of which are commercial insurance companies.
The salesman of China Taiping Insurance said that for the commercial insurance business of taxis, insurance companies have the right to refuse insurance, "it is not okay on the whole, or it is all on." Why have some companies not been chosen? It's because of the payout ratio. Commercial insurance is on the loss, especially like now the insurance types have expanded, the loss rate is very high, the insurance company has the right to choose not to give commercial insurance. ”
But in the eyes of taxi owners, it is unreasonable for insurance companies to be so "picky and thin". He said: "I think it is unreasonable, just like driving a taxi, I run on the road all day, there are eight pieces of ten pieces of work, there are fifty or sixty or even hundreds of jobs." You just pull fifty or sixty jobs, and the little ones don't take over? It is impossible to pick quality customers alone. ”
There is also some controversy in society about the practice of insurance companies.
Wang Guojun, a professor at the School of Insurance of the University of International Business and Economics, believes that insurance companies cannot refuse insurance. For conflicts of interest between insurance companies and the taxi industry in commercial insurance, insurance regulators and industry associations should play a role in this, which can be resolved by adjusting rates. The authorities should impose penalties on insurance companies that refuse to underwrite.
Wang Xujin, director of the Insurance Research Center and doctoral supervisor of Beijing Technology and Business University, believes that the sale and purchase of commercial insurance is a market economic behavior, and the principle of voluntary trading should be emphasized, and insurance companies have the right to refuse to underwrite. Wang Xujin said: "Commercial insurance is a buying and selling relationship. If some of the loss rates are very high, the underwriting will inevitably be unfair to other insureds, affecting the insurance company's ability to pay. Therefore, it is normal for insurance companies to refuse insurance in order to meet the needs of steady operation. ”
The reporter's inquiry found that similar phenomena are not unique. According to a July report by Beijing Business Daily, most insurance companies in Weihai, Shandong Province, refuse to provide commercial insurance services for taxis, and only a few insurance companies need to increase the liability insurance of vehicle personnel in the sales process, and only accept renewal and do not accept new insurance, all because the business loses money. According to a recent report by Shaanxi Ankang Traffic Radio, insurance companies stopped selling commercial insurance to taxis, and many taxis in Ankang City are facing suspension.
Mr. Lui, an industry insider, said that the commercial insurance business of many local insurance companies has a tendency to refuse to insure taxis, and the important issue is how to resolve the conflict of interest between the two sides. Mr. Lu said: "Many places may not be exposed, and they are gradually eliminating these. In fact, not only taxis, like large trucks, many companies do not want. Because insurance companies also need to make a profit, many companies shield themselves from risk. ”
Is it legal for insurance companies to do so? Lawyer Yue Tunshan, a senior partner at Beijing Yuecheng Law Firm, believes that in addition to compulsory traffic insurance, there are no regulations that clearly stipulate this, and it is mandatory for insurance companies to accept taxi insurance. Commercial insurance contracts should be based on "you like me", but considering the particularities of the taxi industry, if it cannot be insured in place, it is bound to affect the entire passenger transport industry. If the local insurance company colludes with the purpose of raising the premium price, it is suspected of violating the relevant provisions of the price law.
But some lawyers have made it clear that insurance companies cannot refuse taxis. Lawyer Qiao Feng believes that the insurance company's practice is suspected of violating the relevant provisions of the contract section of the Civil Code and is a civil violation.
Qiao Feng said: "Insurance products are an offer issued to the whole society after the insurance company is prefabricated, that is, you have to sign a contract with me, and my conditions are these." When a specific insured buys insurance, it is actually a promise, and according to the provisions of the Civil Code, if there is an offer and a promise, the contract should be established. Then, if you turn your back on this kind of offer that you are open to the whole society, you are suspected of attaching different conditions to the other party to the contract than the offer, and even excluding the opportunity for some people to sign the contract. ”
Some lawyers also believe that if insurance companies can be "picky and thin" in this way, then any industry can. Taxis can refuse to be loaded, not to work closer; those who open noodle restaurants can write at the door to refuse certain types of people to enter. As a market entity, the commercial insurance contract issued by the insurance company is a standard contract for all owners, if there is a clear provision in the contract that the insurance can be refused, if there is no differentiating clause, it should not be refused to the special group.
Qiao Feng also believes that the competent department should, in accordance with relevant regulations, punish the insurance companies involved in administratively changing their insurance conditions for illegal business behavior. "From the perspective of the business scope of the enterprise, it is also contrary to the purpose of the establishment of the enterprise. The Civil Code clearly stipulates that this kind of public enterprise policy products are open to the whole society, after the public offer is issued, the other party comes to sign the contract, and you set other conditions under the table, which is illegal. Qiao Feng said.
In response to the refusal of many insurance companies in Shijiazhuang to the taxi industry, how do the local authorities respond? The Voice of China will continue to pay attention.