One year premium for travel agency liability insurance

At present, travel agency planners are generally exposed to two types of insurance: "travel agency liability insurance" and "tourist accident insurance". As a qualified planner, you must accurately understand the difference between the two and be able to Connect with reality and use it well when dealing with emergencies at work to reduce the travel agency's own risks.

First of all, we must clarify the attributes of these two types of insurance. Travel agency liability insurance belongs to property insurance, and tourist accident insurance belongs to personal insurance. The resulting insurance contracts are property insurance contracts and personal insurance contracts. There are usually four entities involved in an insurance contract, namely the policyholder, the insurer, the insured, and the beneficiary. Travel agency liability insurance belongs to property insurance. The policy holder is the travel agency, which transfers its business risks by paying premiums to the insurance company; the underwriter is the insurance company, which establishes an insurance fund to operate the insurance business by collecting insurance premiums. When an insured accident occurs, it The insurance contract fulfills the obligation to compensate or pay insurance premiums. In the practice of travel agency liability insurance contracts, the insured is usually the same as the policy holder, which is the travel agency that insures the policy (that is, the policy holder and the insured are the same). It should be noted that the beneficiary is an exclusive concept in personal contracts and does not exist in property insurance. Therefore, the issue of beneficiaries will not be involved in travel agency liability insurance.

For travel accident insurance, there are four specific situations for the contract parties and related parties: first, the tourist himself, as the policy holder, insures "himself"; second, the tourist himself, as the policy holder, insures "his spouse, children, "Parents"; third, the tourist himself, as the insured, insures "other family members and close relatives with whom he has custody, support or support"; fourth, in the tourism activities organized by the unit, the unit, as the insured, insures "the person with whom he has labor relations" "Relationship workers" are insured.

According to the operating practice of travel agencies, it is found that when signing a travel contract, when filling in the tourist accident insurance clauses, many plans generally include the tourists participating in the group as the policy holder, the insured and the beneficiary. It is worth noting that there was a situation where the travel agency recommended that tourists take out accident insurance, but the tourists refused. In order to avoid risks, the travel agency paid for the accident insurance for the tourists themselves and filled in the policy holder as a tourist. For such a simple legal act, without the prior consent of the tourist, there will be legal consequences that the insurance contract will be invalid.

Therefore, I would like to remind all my friends that when signing a contract, the tourists must sign and approve it.

How to deal with claims issues in actual work?

During the tour, if the tourist is injured due to reasons caused by the travel agency (such as failure to fulfill contractual obligations such as notifications and warnings, a traffic accident in the arranged tour bus, etc.), if the tourist is also insured for tourist accidents Insurance, then as a travel agency, how should we use insurance to compensate?

What often happens in reality is: travel agencies assist tourists to claim hospitalization, medical and other expenses from insurance company A through accident insurance. The insurance company collects the original relevant evidence while providing compensation; afterwards, the tourists request the travel agency be compensated. In actual operation, different travel agencies take different measures, but there are generally two types. First, the travel agency believes that tourists have already received compensation through accident insurance, and the travel agency should no longer pay compensation; second, the travel agency Liability insurance requires compensation from insurance company B. At this time, insurance company B requires the tourist to provide original evidence such as medical expenses. Because in the accident insurance claim, the tourist has handed over the relevant original documents to insurance company A, so it cannot provide them. At this time, insurance company B Compensation is often refused on the grounds that there is no original evidence. Is the travel agency’s approach correct? Is the insurance company's behavior legal? What will be the outcome if it enters judicial proceedings?

Let’s first take a look at the relevant provisions and scope of application of the “Loss Compensation Principle” in the Insurance Law. In layman’s terms, the Loss Compensation Principle can be understood as: the financial status of the insured after the loss occurs. You should not be left better off as a result of an insurance payout than you would have been if it had not occurred. There are three key points under the principle of loss compensation, namely, there is no compensation if there is no loss, compensation can only be made if there is a loss, and the compensation must not exceed the loss. The most common example in our daily life is car damage compensation. The insurance company's loss assessment behavior is to assess the actual loss of the insured, because the insurance company cannot pay the entire car price just because of a simple scratch on the vehicle. The principle of loss compensation can effectively prevent the occurrence of unjust enrichment. The provisions embodying the principle of loss compensation in the Insurance Law all appear in Section 3 "Property Insurance Contracts" of Chapter 2 "Insurance Contracts". In particular, the "insurer's right of subrogation" in Article 60 is a prominent manifestation of the principle of loss compensation. Paragraph 1 of Article 60 of the "Insurance Law" stipulates: "If an insured accident is caused by a third party's damage to the insured subject matter, the insurer shall, from the date of compensation to the insured, exercise subrogation within the scope of the compensation amount. The insurer’s right to claim compensation from a third party.” However, there are very contradictory legal provisions in Chapter 2 “Insurance Contracts” Section 2 “Personal Insurance Contracts” of the Insurance Law. Article 46 of the "Insurance Law" stipulates: "If the insured suffers death, disability or illness or other insured accidents due to the actions of a third party, the insurer shall not have the right to pay the insurance premium to the insured or beneficiary. The third party has the right to seek compensation, but the insured or beneficiary still has the right to request compensation from the third party.

"The reason why the legislation stipulates this is mainly based on the consideration that "the human body is priceless", thus excluding the "damage compensation principle" from the personal insurance contract.

Through the above analysis, we can see that the current The loss compensation principle of the "Insurance Law" only applies to "property insurance contracts" and does not apply to "personal insurance contracts". Based on the previous case, tourist accident insurance belongs to personal insurance. If personal injury occurs due to the travel agency, Tourists can not only obtain compensation from insurance companies, but also claim liability from travel agencies. As the insurance company for travel agency liability insurance, the insurance company should provide compensation.

From the perspective of the Insurance Law, the legislation divides insurance business into "personal life." "Insurance" and "property insurance" are two major categories, and the "loss compensation principle" is included in "property insurance" and excluded from "personal insurance". However, from the perspective of insurance practice, personal insurance has a "fixed payment" There are two types: "Expense Compensation Type" and "Expense Compensation Type". Fixed benefit insurance means that the insurer will pay the insurance money according to the agreed amount after the insured accident occurs. For example: the travel accident insurance contract stipulates that "the insured will pay the insured amount from the accidental injury to If the accidental injury is the direct cause of death within 180 days from the date of death, the insurer will pay the death insurance benefit according to the accidental injury insurance amount of the insured as stated in the insurance policy. Assuming that the insurance amount is 500,000 yuan, at this time, The insurer considers whether the insured dies, and does not consider factors such as whether the insured has incurred expenses for rescue (in practice, there may be no rescue expenses due to immediate death, or it may cost 1 million yuan). Death due to ineffective hospitalization). Expense compensation insurance means that the insurance company compensates the insured for the expenses or loss of income according to the agreed scope and standards after the insured accident occurs. For example, the travel accident insurance contract stipulates that "if a tourist "In the event of an accidental injury during travel, the insurer will pay 80% of the actual necessary and reasonable medical expenses incurred during hospitalization." At this time, the insurer considers the actual expenses of the insured, whether the insured is dead, disabled or otherwise Disease is not considered. For fixed-benefit accident insurance, the subject of insurance is the human body and life, and body and life are priceless. Of course, they cannot be adapted to the "loss compensation principle". Therefore, the insured Of course, you can get compensation from the insurance company, but you should also get compensation from the travel agency (provided that the travel agency is legally responsible for this). For expense compensation accident insurance, the subject matter of the insurance is obviously the insured's property. Interests should be applied to the "loss compensation principle". Many scholars have also put forward this view, pointing out the legislative negligence of the "Insurance Law", that is, the legislation ignores the "fixed insurance" and "compensation insurance" in accident insurance. Classification, thus causing real adverse consequences

Article 5 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Tourism Dispute Cases" stipulates: "Tourism operators have insured liability insurance, and tourists are If only the tourism operator is sued for an insurance liability accident, the people's court may list the insurance company as the third party at the request of the party concerned. "If in practice a travel agency encounters a tourist claiming compensation from the travel agency after receiving compensation from accident insurance, it can request the court to add the insurance company that bears the travel agency's liability insurance as a third party once it enters into judicial proceedings. Resolve related issues.

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