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机动车财产保险合同中被保险人在出险时对保险标的不具有保险利益的,被保险人无权请求保险赔偿,实际车主并非投保人亦非被保险人,依据保险法和合同法理,其无权依据保险合同请求赔偿,但如果机动车财产保险合同中的保险人一方,作为专业的保险公司,在订立合同时没有依据诚实信用原则尽到充分的注意义务,提示并审查被保险人是否合适,导致保险合同订立的主体不合适,并给实际车主带来损失,则实际车主作为原告要求保险人承担缔约过失责任,在保险法和合同法理论上是切实可行的。
In the motor vehicle property insurance contract, the insured person has no insurance interest in the insured subject when he is out of danger, and the insured person has no right to claim insurance compensation. The actual owner is not the insured person or the insured person. According to the insurance law and contract law, However, if the insurer in a motor vehicle property insurance contract, as a professional insurance company, fails to fulfill its due diligence obligations when signing the contract, prompts and examines the suitability of the insured person, As a result, the main body of the insurance contract is not suitable, and brings losses to the actual owner, then the actual owner as the plaintiff requires the insurer to assume the liability of contracting the contract, and it is practicable in the theory of insurance law and contract law.