Câu hỏi 23. Khách hàng được bảo vệ quyền và lợi ích chính đáng như thế nào

Câu h?i 23. Khách hàng ???c b?o v? quy?n và l?i ích chính ?áng nh? th? nào khi DNBH trong tình tr?ng nào ???c coi là có nguy c? m?t kh? n?ng thanh toán và các bi?n pháp kh?c ph?c tình tr?ng này?

Trả lời:

Mất khả năng thanh toán sẽ làm ảnh hưởng đến quyền lợi của khách hàng, đó à chi trả không đầy đủ hoặc không kịp thời khi rủi ro tổn thất hoặc sự kiện bảo hiểm xảy ra. Vì vậy, Nhà nước phải giám sát và có biện pháp xử lý kịp thời. Điều 18 NĐ 46 quy định:

“Doanh nghiệp bảo hiểm bị coi là có nguy cơ mất khả năng thanh toán khi biên khả năng thanh toán của doanh nghiệp bảo hiểm thấp hơn biên khả năng thanh toán tối thiểu.”

Điều 19 NĐ 45 quy định:

“1. Khi có nguy cơ mất khả năng thanh toán, doanh nghiệp bảo hiểm phải chủ động thực hiện ngay các biện pháp tự khôi phục khả năng thanh toán đồng thời báo cáo Bộ Tài chính về thực trạng tài chính, nguyên nhân dẫn đến nguy cơ mất khả năng thanh toán và phương án khôi phục khả năng thanh toán.

2. Trong trường hợp doanh nghiệp bảo hiểm không tự khôi phục được khả năng thanh toán thì Bộ Tài chính có quyền yêu cầu doanh nghiệp bảo hiểm thực hiện khôi phục khả năng thanh toán, gồm những biện pháp sau:

a) Bổ sung nguồn vốn chủ sở hữu;

b) Tái bảo hiểm; thu hẹp nội dung, phạm vi và địa bàn hoạt động; đình chỉ một phần hoặc toàn bộ hoạt động;

c) Củng cố tổ chức bộ máy và thay đổi người quản trị, điều hành của doanh nghiệp; d) Yêu cầu chuyển giao hợp đồng bảo hiểm;

đ) Các biện pháp khác.

3. Trong trường hợp doanh nghiệp bảo hiểm không khôi phục được khả năng thanh toán theo yêu cầu của Bộ Tài chính quy định tại khoản 2 Điều này, doanh nghiệp bảo hiểm bị đặt vào tình trạng kiểm soát đặc biệt. Bộ Tài chính quyết định thành lập Ban Kiểm soát khả năng thanh toán để áp dụng các biện pháp khôi phục khả năng thanh toán theo quy định tại Điều 80 Luật Kinh doanh bảo hiểm.”   

 

Như vậy, trong tình huống xấu nhất, Nhà nước sẽ yêu cầu doanh nghiệp bảo hiểm có nguy cơ mất khả năng thanh toán buộc phải chuyển giao hợp đồng bảo hiểm cho doanh nghiệp bảo hiểm khác để duy trì quyền và lợi ích của khách hàng.

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