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【裁判要旨】诚实信用原则不仅要体现在缔约上,也要体现在履约过程中。保险人在因投保人违反相关义务而取得合同解除权的情况下,又以自身行为表明其放弃解除权的,双方当事人应当按照合同约定继续享有合同权利、履行合同义务。保险公司未能提供证据证明其已经就免责条款中其他严重疾病具体涵盖的疾病范围向投保人进行了明确说明,该条款依法不生效,保险公司也不能据此免责。
The purpose of the referee The principle of good faith not only reflected in the treaty, but also reflected in the process of compliance. Under the circumstance that the insurer obtains the contractual right of cancellation due to the violation of relevant obligations by the insured, it also shows itself in its own behavior that it should give up its right of cancellation. Both parties shall continue to enjoy the contractual rights and perform the contractual obligations as agreed in the contract. The insurer failed to provide evidence that it had made a clear statement to the policyholders about the extent of the disease specifically covered by other serious diseases in the exemption clause and the provision did not take effect according to law and the insurance company should not be exempt therefrom.