Tiếng Việt
中文Yes. Where the life insured dies due to a third party (not falling into the exclusion cases in Article 40 of the Law on Insurance Business 2022), the insurer must still pay insurance benefits to the beneficiary. The insurer has no right to claim reimbursement from the third party for the amount paid (Article 38).
1. Death caused by a third party — must the insurer pay?
Article 40 of the Law on Insurance Business 2022 lists the cases where the insurer is not required to pay compensation or insurance benefits: suicide within the first 02 years; death due to intentional fault of the policyholder or beneficiary; death due to execution of the death penalty; other cases as agreed in the contract.
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Where the insured dies due to a third party — not due to intentional fault of the policyholder or beneficiary — it does not fall into the above exclusion cases. Therefore, the insurer must still pay insurance benefits to the beneficiary as agreed in the insurance contract.
2. May the insurer claim reimbursement from the third party?
No. Article 38 of the Law on Insurance Business 2022 provides:
“Article 38. No right to claim reimbursement from a third party”
“Where the insured dies, is injured or becomes ill due to a direct or indirect act of a third party, the insurer remains obligated to pay compensation and insurance benefits as agreed in the insurance contract and has no right to claim reimbursement from the third party for the amount the insurer has paid to the beneficiary. The third party remains liable to compensate the insured in accordance with the law.”
Accordingly, after paying insurance benefits, the insurer may not recover from the third party; the third party remains liable to compensate the insured’s family for damage under civil and criminal law.
3. For whose death may a life insurance contract not be concluded?
Clause 2, Article 39 of the Law on Insurance Business 2022:
a) Minors, except where their father, mother or guardian agrees in writing;
b) Persons lacking civil act capacity;
c) Persons with difficulties in cognition or controlling behavior;
d) Persons with limited civil act capacity.
In addition, when concluding a life insurance contract for the death of another person, the policyholder must obtain that person’s written consent, clearly stating the insurance amount and the beneficiary (Clause 1, Article 39).
Notes on applying current legal provisions
In practice, disputes often arise when insurers invoke exclusion clauses in the contract to refuse payment. Beneficiaries should carefully read the exclusion clauses and keep complete dossiers (death certificate, case records, insurance contract). If payment is refused, you should contact an ANT Legal lawyer at 0966.475.966 for review and advice.
How can ANT Legal help?
ANT Legal supports reviewing insurance contracts, advising on beneficiary rights, representing in complaints and resolving disputes with insurers.
For quick advice, you may contact a lawyer at 0966.475.966.
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