GROUP 4 Nguyen Huu Hung Le Duy Hung Trinh Quang Hung Le Tien Hoang Do Duy Hoang

Summary of presentation
Topic question: What are cases in which an insurance contract is void or suspended as stipulated in Insurance law in Vietnam? Illustrate with some examples.

Question 1: Is case 1 a agent case law ? Answer of presentation group: No. In fact, Bui Thi Minh Hang is not an agent of the Prudential company and the insurance contract that Bui Thi Minh Hang makes with her victims is not belong to Prudential company. The presenting group support the conclusion that the case is not an agent case law Comments from defense group: Actually, it is easily for people to think that the case is an agent case law due to it is related to accountability of a wholesales representing as an agent of the company to customers. As a matter of a fact, in 20/8/2009, she made a labor

contract with prudential company in Quang Ninh province. Nevertheless, in 11/7/2011, Hang is fired out of this company due to her breach of the law of the company. Therefore, the contract that Hang made with her customer is not responsible by the Prudential company.(check this link for more information http://dantri.com.vn/c170/s170-529836/lat-tay-thu-doan-lua-dao-cua-sieu-lua300-ti-dong.htm)

Question 2 : Was the case between DQS and Bao Minh brought to the court? If the case had been brought to the court, what would have been the judgment? Answer of presentation group: No. In fact, Bao Minh and DQS settled their problem through an agreement in which Bao Minh pay for part of the damage for the ship of DQS. In this case, both party were at fault because DQS did not pay enough premium and Bao Minh should not have prolonged the contract. The presenting group support the conclusion that Bao Minh should only pay one part of the indemnity. Comments from defense group: The case of Bao Minh and DQS still lack of some information to come up with a certain conclusion such as the terms and conditions of the new insurance contract. However, there isan information that Bao Minh agree to prolong the insurance contract, it should mean that the old insurance policy is still effective between the two parties. Therefore, when the ship crashed, Bao Minh should be responsible for paying the indemnity.

Question 3: Consider the situation that the insured one does not provide enough information that causes the wrong risk assessment of insurer, for example, a person concealed some material fact about his cancer when buying a life insurance. The insurer thought that he was strong and charged very low premium each month. After a period, he die and insurer find out that he has a cancer before signing in insurance contract. Does the insurer have to pay indemnity for insured? Answer of presentation group: The insurer has to bear all the burdens because it failed to assess the genuine health status of insured. Because insurer signed the contract, it has to pay indemnity. Comments from defense group: The groups answer is wrong. Our group explanation is that: Telling the truth in response to explicit application questions raised by insurer is not enough. In addition, the insured one must also reveal those relevant material facts about exposure that only he or she knows. If you answer all the questions the insurer ask, but fail to mention the cancer, you have intentionally conceal the material fact you obviously realize is relevant. Even if you do not intentionally hide those material facts, you are not relieved of the responsibility. Therefore, the person in the case is guilty of concealment, the insurer has the right to void the contract and it does not have to pay indemnity.

Question 4: During the application process for life insurance, person A does not provide information about his smoking habit. Several months

after he signed the insurance contract, he died in automobile accident. The insurer had an investigation, and they found the fact about his smoking.Did his beneficiary still get the indemnity from the insurer? Answer of presentation group: Since the insured had provided untrue fact about his health in the application,the insurer has the legal right to not pay the indemnity even if the insureds death was unrelated to his smoking habit. According to iu 19:Trch nhimcungcpthng tin. Doanh nghip bo him c quyn n phng nh ch thc hin hp ng bo him v thu ph bo him n thi im nh ch thc hin hp ng bo him khi bn mua bo him c mt trong nhng hnh vi sau y: C cung cp thng tin sai s tht nhm giao kt hp ng bo him c tr tin bo him hoc c bi thng; Comment from defense group: This is a difficult case for making the accuracy decision, there are several aspects we need to consider. The first thing is the information about his smoking habit, is it an innocent mistake or an intentional purpose? If it is an innocent mistake had the insured required the insured to check and add more information? In my point of view, because the person A is already dead in the automobile accident, so we cannot know the reason for the lacking information of his smoking habit. The second thing is that his dead is accidental, unpredictable and the original reason is not belong to his smoking problem so the insurer still has a duty to pay the indemnity. However, they can negotiate with the beneficiary about the indemnity amount, they can pay part of the deal indemnity or just the person A premiums plus interest.

In conclusion, in our groups opinion, the presentation group did not have an attractive slide and performance. In fact, the content what the group showing in the screen is not clear enough to make the audiences feel satisfy. They should provide more details and examples for which they want to mention about. One more is when they were presenting the idea, the content is too short and have no different from the book. Thus, it could make the others feel boring and do not put the attention to the presentation. About the performance of the presenting group, in our view, they talk fast and not loud enough to make the student clear. Moreover, we think the group should improve their emotion, especially their body language when they presented in the screen. They read and watch the laptop screen more than illustrate to the audiences. The slide has too much letter so that the students hardy to catch what they want to know and what the group wants to present. A good presenter would provide an attractive slide with clear number and less letter, they would make things clear by using their body language and the appropriate emotion. In a word, the group had a good presentation with nice slide, good presenting attitude, but for some reason as we mention above, the group did not have attention of the class and their presenting also a little boring and did not clear so make the audiences feel not totally satisfy. We hope in the next time, they could improve and have a more successful presentation.