FWD accused of circumventing the law, delaying payment of insurance benefits to cancer customers

Thuận Hiền |

Mr. Nguyen Q.H accused FWD of arbitrarily "temporarily suspending" the settlement of insurance benefits, violating its payment obligations according to the law.

Complaints that FWD Vietnam is intentionally ambiguous

In 2019, Mr. Nguyen Q.H signed an insurance contract with FWD Vietnam under Insurance Contract No. 30911677.

However, after the contract took effect, Mr. H was diagnosed with non-dissociative thyroid cancer, underwent surgery at Hoan My Saigon General Hospital and was treated at Military Hospital 175.

The complaint said that in order to exercise the rights under the contract and the Regulations and regulations on general insurance for flexible payment approved under Official Dispatch No. 15799/BTC-QLBH dated November 22, 2017 of the Ministry of Finance, he himself conducted a medical examination according to FWD's recommendation at the Ho Chi Minh City Medical Examination Council.

In the Assessment Minutes No. 0035-25/GDDYK1-YC dated April 24, 2025, the Assessment Council concluded: Thyroid cancer has undergone surgery. pathological results: Pternal thyroid carcinoma, metastasis of the cervical ridge and the right ear gland. The rate of body damage is: 81%".

Mr. H said that this rate of physical injury is eligible for full and permanent disability benefits under the insurance contract.

However, the insurance company responded via email (without official documents) that they were "temporarily suspending" the settlement of insurance benefits with the reason "there is a disagreement between legal documents", but did not provide specific evidence or legal basis.

Mr. H said: FWD Vietnam intentionally was vague in explaining insurance provisions and subjectively concluded that there were errors in legal regulations to delay the settlement of claim for payment of benefits.

Mr. H cited legal regulations: According to Article 31 of the Law on Social Insurance 2022, FWD must pay within 30 days from the date of receiving a complete and valid dossier. - Application date: 28/04/2025 - Payment deadline: 28.05.2025 - Up to now (21.08/2025): 85 days have passed. FWD has seriously violated its obligation to pay on time".

Mr. Nguyen Q.H sent a petition to the Ministry of Finance - Department of Insurance Management and Supervision reflecting the settlement of insurance benefits between himself and FWD Vietnam Life Insurance Company Limited.

The plaintiff affirmed: FWD arbitrarily temporarily resolved the matter without a legal basis. The law only stipulates 2 cases: payment or refusal (with reason). No regulation allows indefinite "temporary suspension". This is an act of circumventing the law, causing serious damage to the insured".

In addition, the delay in payment has directly affected my health and life: FWDs delay in payment has caused me damage: Impact on cancer treatment; Financial burden on my family; Psychological stress while being treated for serious illness.

From the above grounds, the complaint requests the Department of Insurance Management and Supervision (Ministry of Finance) to request FWD Vietnam to:

Payment of insurance benefits according to Sections 3.1.1 and 3.1, Clause 3.1, Article 3 and Point b, Clause 10.23, Article 10 of the Regulations, provisions on joint insurance for flexible payment (according to Official Dispatch No. 15799/BTC-QLBH dated November 22, 2017) and Contract No. 30911677 dated March 29, 2019.

Payment of late payment fees from April 28, 2025 according to Article 31 of the Law on Insurance Business 2022 and Article 5.3 of the Regulations and regulations on joint insurance for flexible payment.

Consider administratively sanctioning FWD for the following acts: Violating the obligation to pay insurance benefits on time; Not fulfilling the commitment in the insurance contract.

Due to the seriousness of the incident and health status, the complainner requested the Department to prioritize reviewing and resolving the complaint as soon as possible.

The Ministry of Finance responds to feedback related to insurance benefits at FWD

The Ministry of Finance received a question from Mr. Nguyen Q.H via an electronic information portal regarding the settlement of insurance benefits for Mr. Hanh's insurance contract at FWD Vietnam Insurance Company Limited (signed in 2019).

Based on relevant legal regulations, the Ministry of Finance has the following opinion:

1. Clause 1, Article 12 of the Law on Insurance Business No. 24.000/QH10 dated December 9, 2000 (Law on Insurance Business) stipulates: In insurance contract is an agreement between the insurance buyer and the insurance company, accordingly the insurance buyer must pay the insurance premium, the insurance company must pay the insurance premium to the beneficiary or compensate the insured when an insurance event occurs.

2. Point c, Point d, Clause 2, Article 17 of the Law on Insurance Business stipulates the obligations of insurance companies:

c) Timely payment of insurance to beneficiaries or compensation to insured persons when an insurance event occurs.

d) Explain in writing the reasons for refusing to pay insurance or compensation.

3. Article 29 of the Law on Insurance Business stipulates the period of insurance or compensation payment: When an insurance event occurs, the insurance company must pay insurance or compensation within the agreed period in the insurance contract; in case there is no agreement on the term, the insurance company must pay insurance or compensation within 15 days from the date of receiving complete valid documents on the insurance or compensation payment request.

4. Clause 3, Article 26 of the Civil Procedure Code No. 92/2015 stipulates the authority to resolve disputes on civil contracts: Civil disputes under the authority of the Court: 3. Controversy over civil transactions and civil contracts.

The Ministry of Finance said that the unit has transferred Mr. H's reflection to FWD Vietnam Insurance Company Limited for consideration and settlement according to the agreement in the insurance contract and the provisions of law.

In case the two parties continue to have disputes related to the settlement of insurance contracts, the Court is the competent authority to resolve them.

Thuận Hiền
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