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保险合同何时成立生效对投保人和保险人而言都是一个重要的时间点,是造成双方纠纷的焦点。新《保险法》对保险合同成立与生效条款进行了完善,规定签发保单、投保人缴纳首期保费不应成为保险合同成立的要件。但对保险责任开始的时间仍未明确,实务中普遍存在投保人先缴保费保险公司后核保的情况,在这段真空期内发生的理赔纠纷尚未解决。
When the establishment of the insurance contract takes effect for the policyholders and insurers are an important point in time, is the focus of disputes between the two sides. The new “Insurance Law” on the insurance contract established and the entry into force of the provisions of the provisions of the provisions of the issuance of policies, insurance policyholders to pay the first installment premium should not become an insurance contract set up the elements. However, the time for starting the insurance liability is still not clear. In practice, there is a ubiquitous situation where the insured insures the insurance company after paying the premium premium. In the vacuum period, the dispute over claims has not been settled yet.