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當前位置:考試網  > 試卷庫  > 學歷類  > 自考  > 自考專業(電子商務)  > 商法(二)  >  案情:張某是一個保險公司的業務員,多年在該公司從事保險業務工作。王某經過張某在該保險公司辦理了一份蓋有保險公司各種印章的財產保險合同。 不久發生了保險事故,王某到保險公司提出索賠。 保險公司拒絕賠償, 稱辦理該保險時張某已不是公司的業務員,張某收的保險費也未交到公司, 因此,保險合同無效, 公司不承擔賠付責任。 試問: (1)王某與保險公司之間是否存在合同關系,為什么? (2)保險公司的拒賠理由是否合法,為什么? (3)保險公司應如何處理此事?
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案情:張某是一個保險公司的業務員,多年在該公司從事保險業務工作。王某經過張某在該保險公司辦理了一份蓋有保險公司各種印章的財產保險合同。 不久發生了保險事故,王某到保險公司提出索賠。 保險公司拒絕賠償, 稱辦理該保險時張某已不是公司的業務員,張某收的保險費也未交到公司, 因此,保險合同無效, 公司不承擔賠付責任。

試問:

(1)王某與保險公司之間是否存在合同關系,為什么?

(2)保險公司的拒賠理由是否合法,為什么?

(3)保險公司應如何處理此事?

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正確答案:

(1) 存在合同關系。因為表見代理成立,雖然張某是在代理權終止后以被代理人(保險公司)的名義訂立的合同,但王某有理由相信張某有代理權,因此該代理行為有效。

(2)保險公司的拒賠理由不合法。因為保險合同合法有效,因此保險公司要承擔張某行為的后果 .

(3)保險公司首先對王某進行理賠,保險公司因此而受到的損失,向張某追償。

答案解析:

暫無解析

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