A woman in Jilin sued Jianxin Life insurance and CCB for malicious collusion? The complaint was dismissed

According to the China Judgment Documents Network, the Jilin Provincial High People's Court recently issued a civil ruling on retrial review.

The document stated that Yang XX filed a lawsuit over a dispute over a life insurance contract and applied for a retrial against the judgment of the Intermediate People's Court of Siping City, Jilin Province.

Yang XX applied for a retrial, saying that the date of diagnosis of his major illness was within the effective period of the insurance contract, and Jianxin Life should bear the liability for compensation. In addition, Jianxin Life is an insurance company controlled by China Construction Bank Co., Ltd., and after Yang XX appealed, CCB asked her to withdraw the lawsuit through multiple people, and Yang XX believed that Jianxin Life and CCB had malicious collusion. Finally, Yang xx also believes that jianxin life intends to be exempted from the obligations it should bear according to law when performing the insurance contract, excluding the rights enjoyed by the beneficiaries according to law, which is invalid according to the provisions of Article 19 of the Insurance Law of the People's Republic of China.

Jianxin Life submitted an opinion stating that the time of retrospection of the three liabilities of the main insurance, additional insurance 1 and additional insurance 2 in the Special Agreement was clearly stipulated in items 3 and 4.1 of the insurance policy, and the first and second instance judgments found that the facts were clear, the law was correct, and Yang Mingzhe's retrial application should be rejected.

After review, the Jilin Provincial High People's Court held that:

1. Yang Mingzhe had already suffered from illness before applying for insurance, belonged to the pre-existing group, and the insurance contract involved in the case was signed on December 27, 2019, retroactively to 24:00 on December 31, 2018, so it can be seen from the above that Jianxin Life only needs to bear the insurance liability for new critical illnesses in the month of December 2019, and Yang Mingzhe's retrial application cannot be established.

2. Regarding whether there is malicious collusion between JIANXIN Life and CCB. Yang Mingzhe's claim that CCB's request for him to withdraw his appeal through a number of people was an act of consultation between the two parties on the case, and could not prove that there was malicious collusion between CCB Life and CCB.

3. Regarding the validity of the special provisions of the Group Life Insurance Policy involved in the case. In this case, the date of signing of the Group Life Insurance Policy involved was December 27, 2019, and CCB and CCB Life explicitly agreed in the special agreement clause on the retroactive effective period of different insurance types, which was not an exemption from the obligations to be borne by CCB Life, but a separate agreement on the retroactive effective period of different types of insurance, which did not violate the mandatory provisions of laws and administrative regulations, and CCB, as the insured, signed the Group Life Insurance Policy. A statement has been made that the special agreement clause is fully understood and agreed to be complied with, so the special agreement clause is binding on both parties as part of the insurance contract. Jianxin Life's non-payment of claims pursuant to the special agreement between the two parties is in accordance with the agreement of both parties, and Yang Mingzhe's grounds for the retrial application cannot be established.

In accordance with the first paragraph of article 204 of the Civil Procedure Law of the People's Republic of China and the second paragraph of article 395 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, the ruling is as follows:

Yang Mingzhe's application for retrial was rejected.

(Editing by Sissi)