Because the parties to a contract refer to those who enjoy rights and assume obligations, the parties to an insurance contract only include the insurer and the applicant, and the applicant, the policy owner and the beneficiary belong to the parties to the insurance contract. However, the policy owner is mainly applicable to life insurance contracts, and the beneficiaries mostly exist in life insurance contracts. Therefore, the subject of rights in a project guarantee insurance contract generally refers to the applicant, the insurer and the insured.
1, the rights of the insured in the insurance contract
The right to know is the right of the insured to obtain and understand the information related to the insurance contract. This right is mainly realized through the insurer's basic obligations, which is similar to Article 17 of the Insurance Law that "the insurer shall explain the contents of the contract to the insured" and "the insurer ... makes a written or oral clear explanation to the insured on the terms of the insurance contract exempting the insurer from liability".
The right to terminate an insurance contract is the right of the insured to terminate the contract before the expiration of the insurance period. According to Article 15 of the Insurance Law, "Unless otherwise stipulated in this Law or otherwise stipulated in the insurance contract, after the insurance contract is established, the applicant may terminate the contract, and the insurer may not terminate the contract", the applicant has the right to terminate the insurance contract at will, and the insurer can only restrict the applicant's right to terminate the insurance contract at will through the agreement in the insurance contract.
The right to change the insurance contract is the right of the insured to negotiate with the insurer to change the contract. During the validity period of the original insurance contract, the insured may change the construction project contract, the principal of the advance payment of the construction project contract and even the insurance contract, but all of them require the written consent of the insurer.
2, the rights of the insurer in the insurance contract
The right to collect insurance premium is the insurer's basic right, which corresponds to Article 14 of the Insurance Law: "After the insurance contract is established, the insured pays the insurance premium according to the agreement, and the insurer begins to assume the insurance liability according to the agreed time". The model clause further clarifies that if the insured fails to pay the insurance premium as agreed, the insurance contract will not take effect.
Article 60 of the Insurance Law stipulates the insurer's right of subrogation. "If an insured accident is caused by damage to the subject matter insured by a third party, the insurer shall subrogate the insured's right to claim compensation from the third party within the amount of compensation.". In engineering guarantee insurance, the insurer has the right to subrogate the insured to claim compensation from the applicant or his guarantor (if any).
The insurer has the right to terminate the insurance contract according to law. Article 16 of the Insurance Law makes it clear that the insurer has the right to terminate the contract if the insured fails to fulfill the obligation of telling the truth stipulated in the preceding paragraph intentionally or due to gross negligence, which is enough to affect the insurer's decision whether to agree to underwrite or increase the insurance premium rate. Generally speaking, the insurer can exercise the right to terminate the contract in three situations: the applicant or the insured deliberately creates an insured accident, falsely claims that an insured accident has occurred, fabricates false reasons for the accident or exaggerates the degree of loss. In the project guarantee insurance, the insurer has the right to terminate the contract if the insured fails to fulfill his due responsibilities for the project in accordance with the construction project contract and the insurance contract.
3. The rights of the insured in the insurance contract
According to Article 12 of the Insurance Law, "the insured refers to the person whose property or person is protected by the insurance contract and enjoys the right to claim insurance money", and the insured enjoys the right to claim insurance money, that is, the right to claim compensation or pay insurance money from the insurer after the insurance accident. In the project guarantee insurance, the insured can claim compensation from the insurer, thus requiring the insurer to fulfill its compensation obligations. In addition, according to the liquidation order of the bankrupt property of an insurance company stipulated in Article 91 of the Insurance Law, the insured also enjoys the priority of compensation for insurance money, that is, the priority of compensation for some creditors.
The insured also enjoys the right to interpret the insurance contract, which corresponds to Article 30 of the Insurance Law: "If there are more than two interpretations of the terms of the contract, the people's court or arbitration institution shall make an interpretation in favor of the insured and the beneficiary". This is an extension of the "unfavorable interpretation principle" of standard contract stipulated in contract law in insurance contracts.
4. Establishment, alteration and termination of rights
The establishment, modification and termination of an insurance contract will also bring about changes in insurance rights: from the date of the establishment of an insurance contract, the rights of the applicant, the insurer and the insured will be determined in the form of contract terms; After the insurance contract is changed, the insurer shall annotate or attach an approval form to the insurance policy or other insurance documents, or the applicant and the insurer shall conclude a written agreement on the change to determine the rights of each party after the change in writing; Finally, when the insurance contract is terminated, the rights and obligations defined in the contract also disappear.
It should be noted that Article 49 of the Insurance Law stipulates that if the subject matter of insurance is transferred, the transferee of the subject matter of insurance inherits the rights and obligations of the insured. However, the insured or the transferee shall notify the insurer in time, and the insurer may increase the insurance premium or terminate the contract according to the contract.
Of course, in addition to the above-mentioned basic rights, the insured also enjoys the autonomy to conclude insurance contracts, the insurer also enjoys the right to inspect and make suggestions on the subject matter insured and the right to take safety precautions with the consent of the insured, and the insured also enjoys the right to designate and change the beneficiary and payment order. For the subject of the project guarantee insurance contract, only by knowing the legal rights can they fully exercise their rights.