The Kawaguchiko murder case involves insurance fraud; lawyer Li Yusheng analyzes the liability for claims arising from the murder of the insured by the policyholder.

News Summary

According to ETtoday News, a Taiwanese woman was murdered while traveling in Kawaguchiko, Japan. Police suspect her husband may have instigated the murder, with the motive possibly involving an insurance payout of approximately NT$30 million. The report also mentioned personal injury insurance, travel accident insurance, and a previous attempt to change the beneficiary, sparking a discussion about whether the parents should receive the insurance if the husband cannot. The details of the case and the intent behind the crime still await judicial clarification. Actual claims must distinguish between the policyholder, the insured, and the beneficiary, and cannot be based solely on the insured amount or news headlines.

Lawyer Li Yusheng explains

Lawyer Li Yusheng of Fidelity Law Firm pointed out in an interview that if the deceased's husband took out a separate insurance policy, and the insured event was intentionally caused by him, it cannot be directly assumed that the insurance company is still obligated to pay, and the deceased's parents can then inherit the funds. The key lies in whether the husband was the policyholder and whether he intentionally caused the insured's death. According to Articles 29 and 121 of the Insurance Act, if the policyholder intentionally causes an accident or the insured's death, the insurance company may not be liable for payment; this is a different issue from simply losing beneficiary status.

If the beneficiary intentionally harms the insured, the forfeiture provisions under Articles 121 or 134 of the Insurance Act must be examined according to the type of insurance. Whether the insurance proceeds should still be paid, received by other beneficiaries, or legally included in the estate requires further examination of the policy and applicable regulations. As for whether the perpetrator can inherit, this must be determined according to the requirements of Article 1145 of the Civil Code; detention alone cannot be used to determine the loss of inheritance rights. (Family Handling)Insurance claims disputesWhen doing so, it is advisable to first obtain the complete policy, insurance documents, beneficiary designation or change records, and accident information; before verifying, it is not advisable to assert that the 30 million yuan will definitely be fully compensated, or that it will definitely be received by the parents.

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