本法未規定者,適用其他法律之規定。
Article 1 This Act is being established to provide citizens with basic financial security, to construct a sound simple life insurance system, and to provide convenient and accessible insurance products for all citizens so as to add to the general welfare.
Where matters are not covered under this Act, all other laws shall govern.
第2條 簡易人壽保險由中華郵政股份有限公司(以下簡稱中華郵政公司)經營者,屬交通部主管,業務並受財政部監督。
Article 2 With regard to the simple life insurance managed by Chunghwa Post Co., Ltd. (hereinafter called Chunghwa Post), the Ministry of Transportation and Communications (MOTC) shall be its competent regulatory agency, and the Ministry of Finance (MOF) will supervise its business operations.
其他保險業者經營簡易人壽保險業務,由財政部主管,並適用第四條、第六條至第二十六條之規定。
With regard to the simple life insurance business of other insurance firms, the competent regulatory agency shall be the MOF, and Article 4 and Articles 6 to 26 hereof shall apply.
第3條 中華郵政公司經營之簡易人壽保險(以下簡稱郵政簡易人壽保險),以中華郵政公司為保險人,依法負保險給付責任。
Article 3 Chunghwa Post shall be the insurer for the simple life insurance it manages (hereinafter called postal simple life insurance) and, by law, it shall be responsible for the settlement of all claims.
第4條 簡易人壽保險包括生存保險、死亡保險及生死合險,並得以附約方式經營健康保險及傷害保險。
Article 4 Simple life insurance includes pure endowment insurance, mortality insurance and endowment insurance, and insurance carriers may offer health insurance and accident insurance in the form of riders.
第5條 郵政簡易人壽保險之最高、最低保險金額及同一被保險人之保險金額總數,由交通部會同財政部定之。
Article 5 The MOTC and MOF shall jointly set the maximum and minimum insured amounts for postal simple life insurance as well as the limit for the total insured amount for which an individual may be covered.
保險金額超過前項限額時,其超過部分之契約無效,超過部分所繳之保險費,應予無息退還。
In the event that the insured amount exceeds the upper limit as set in the preceding paragraph, the excess portion of the contract shall be deemed null and void and the premium paid for the excess portion shall be refunded without interest.
以未滿十四歲之未成年人,或心神喪失或精神耗弱之人為被保險人訂立之簡易人壽保險契約,其死亡給付部分之最高給付金額,不得超過財政部所規定之喪葬費用。
In the case that a simple life insurance contract insures a minor under 14 years of age or a mentally incapacitated person, the maximum death benefit payable may not exceed the cost for funeral expenses as set by the MOF.
第8條 簡易人壽保險契約(以下簡稱保險契約),得由本人或第三人訂立之。
Article 8 Simple life insurance contracts (hereinafter called insurance contracts) may be executed by the insured or a third party.
由第三人訂立之保險契約,未經被保險人書面同意,並約定保險金額者,其契約無效。
A contract shall be deemed null and void in the event that it is executed by a third party without written consent from the insured that specifies the insured amount.
被保險人依前項所為之同意,得隨時以書面通知保險人及要保人撤銷之。
The insured may, at any time, notify the insurer and the applicant in writing to rescind consent made in accordance with the preceding paragraph.
被保險人依前項規定行使其撤銷權者,視為要保人終止保險契約。
In the event that the insured rescinds consent by exercising the right granted in the preceding paragraph, it shall be deemed that the applicant has terminated the insurance contract.
第9條 以他人為被保險人時,須要保人與被保險人有保險利益。
Article 9 When the applicant and the insured are not the same person, the applicant must have an insurable interest in the insured.
第10條 保險人同意承保後,應填發保險單。
Article 10 Upon acceptance of an insurance application, the insurer shall issue an insurance policy.
第11條 保險契約,自填發保險單之日發生效力。
Article 11 The insurance contract shall become effective as of the date that the insurance policy is issued.
However, prior to the acceptance of the application, if the insurer collected an advance payment equal to the premium for the first term, then the insurer is liable from the moment of acceptance of the advance premium payment.
但保險人於同意承保前,預收相當於第一期保險費之金額,保險人應負之保險責任,以保險人同意承保時,溯自預收相當於第一期保險費金額時開始。
Article 11 The insurance contract shall become effective as of the date that the insurance policy is issued.
However, prior to the acceptance of the application, if the insurer collected an advance payment equal to the premium for the first term, then the insurer is liable from the moment of acceptance of the advance premium payment.
第12條 簡易人壽保險之保險人,對於保險費,不得以訴訟請求交付。
Article 12 Simple life insurance carriers may not take legal action to get the insured to pay premiums.
第13條 續期保險費自繳費日起一個月未交付者,保險人應於十日內催告,並自當期繳費日起算三個月為寬限期間,寬限期間屆滿仍未交付保險費時,其保險契約效力停止。
Article 13 When a premium payment for a renewed policy has not been paid within one month from the date that it is due, the insurer shall notify the applicant within ten days and grant a grace period starting from the due date of three months for the current payment due.
If the premium has still not been paid at the conclusion of the grace period, the insurance contract shall cease to be valid.
前項保險契約停止效力後,被保險人發生之保險事故,保險人不負保險責任。
Once an insurance contract ceases to be valid in accordance with the provisions of the preceding paragraph, the insurer shall not be liable for any claims.
第14條 保險契約停止效力後,要保人得於二年以內申請恢復契約效力。
Article 14 In the event that an insurance contract ceases to be valid, the applicant may apply for reinstatement of the contract within two years.
經保險人同意恢復效力之保險契約,溯自繳清應繳保險費及其利息之日起恢復效力。
Upon the consent of the insurer to reinstate an insurance contract, the contract shall become effective from the date that the unpaid premiums and interest accrued thereof are fully paid.
第15條 訂立保險契約或依前條規定申請恢復保險契約效力時,要保人及被保險人對於保險人之書面詢問,應據實說明。
Article 15 When entering into an insurance contract or applying for reinstatement of an insurance contract in accordance with the foregoing article hereof, the applicant and the insured are required to answer truthfully the insurer's questions in writing.
要保人或被保險人故意隱匿,或因過失遺漏,或為不實之說明,足以變更或減少保險人對於危險之估計者,保險人得解除保險契約;其危險發生後,亦同。
In the event that the applicant or the insured fails to disclose facts, whether intentionally or unintentionally, or makes misrepresentations that may cause to alter or lower the insurer's estimation of the risk it will take on, the insurer may cancel the insurance contract.
When a contingency requiring payment of insurance benefits has already transpired, the insurer may likewise refuse to pay when the misrepresentations were germane to the contingency requiring payment.
但要保人或被保險人證明危險之發生與其隱匿、遺漏或為不實之說明無關者,不在此限。
However, when the applicant or the insured is able to prove that the undisclosed facts or misrepresentations had nothing to do with the contingency requiring payment, the insurer shall still be required to pay.