City TimesReporterLiu Ling.The insurance after the accident, but was told that the insurance is two days effective, cannot claim! Mr. Lee wonder, the insurance premium is clearly in the previous insurance 1 months before the expiration of pay, can not be effective? He later through policy, only to find the second renewal, if appear 11 days of "suspended period".

To pay the premium in advance, but the car insurance "in limbo" accident, this is not big? Mr. Li is the matter many times with China Ping An Property Insurance Limited by Share Ltd Yunnan branch negotiation cannot claim, the insurance company to court, requesting the court to judge the insurance company directly to the car accident Jiang Mou to compensate 200000 yuan. Yesterday, this case has been filed in the Wuhua District court.

　　The day of the accident

Insurance to take effect in 2 days

Seventeen twenty-five on September 20, 2011, Mr Li driving car from the Baltic, and cell and Zheng Xiang left, is about to sail when the sun Road, accidentally and driving a motorcycle Jiangmou collision occurred. The accident resulted in Jiang suffered minor injuries, eight class disable.

Road traffic traffic police certificate issued by the accident identification, Lee in the accident bear the main responsibility, Jiang Mou negative secondary. Afterwards, Jiang Mou to Li Mou claims losses fee 300000 yuan; different from ordinary traffic accident is, in this accident happened on the same day, Lee first time to report to the insurance company. But the accident was informed: auto insurance will occur after two days in the car accident, is to come into force in September 22, 2011!

Was a head-on blow Lee was angry and urgent, to Ping An insurance argued that his early in the year policy failure more than a month ago, have advance payment of renewal, should not appear "insurance blank period". But this time, Ping An insurance emphasizes, in policy records shall prevail, not reported and claims.

Mr. Li said, he was not convinced, timely home pages of his policy, only to find myself one month in advance payment received after the renewal of insurance policy, insurance for a period of September 22, 2011 to September 2012 21. His previous year's insurance, in 2011 September 9 days after the failure. That is to say, in the last year of insurance expires, Mr. Li has advance premium, insurance has not been "seamless renewal", a during the 11 days of "suspended period."

Depressed, just in this insurance "limbo" accident.

　　No "seamless renewal"

Owners sued the insurance company "contracting negligence"

"one month in advance to pay the renewal, but did not continue, this is not a rip off it" Mr. Li said, he in the 1 months before the expiration of the insurance premium has been paid the renewal, but the insurance in time for the business, not to link up the date two insurance. For this accident claims things, many times he Ping An insurance agreement, but were told the insurance has no effect, no claims. For this matter, Mr. Li court, think the insurance company to renew a negligence claims, must.

Yunnan earthquake sequence law firm Zhang Honglei lawyers as Mr. Lee's agent: "guess Mr. Li's car driving license in September 21, 2010 issued by the motor vehicle, but buy insurance before in time. The insurance company may put Mr Li settled up time and the time, so there were 11 days suspended." But Zhang Honglei said, Mr. Li himself could not remember their auto insurance maturity, but professional insurance company, is absolutely clear that Mr. Lee insurance period expires, the emergence of "globalization" is really should not.

Zhang Honglei think, Mr. Lee renewal for one month in advance, the true meaning and the purpose of the contract is the "seamless renewal", avoid dehydration and insurance gap period. This behavior is strictly abide by the law, but also be perfectly logical and reasonable. While Ping An insurance to Mr. Lee take the initiative to sell insurance, have important information that Mr. Li's identity, telephone, last year, vehicle insurance situation, should provide timely, accurate, effective and professional services for Mr. Li, the plaintiff agreed in advance must ensure "seamless renewal".

So, according to the "contract law", "insurance law", "motor vehicle traffic accident liability compulsory insurance regulations" bear "culpa in contrahendo" full claims, or according to the principle of "tort liability law", by the defendant with the plaintiff presumption of Ping An insurance without "de Bao", to civil compensation.

Accordingly, Zhang Honglei as Mr. Lee's agent, yesterday the complaint to the Wuhua district court, after review of the case to court, yesterday formally accepted the case, the case will soon trial.

 One month in advance of the renewal, and after the accident but was told that the policy two days before the entry into force, the vehicle, the insurance company "de Bao", who will pay for the accident? To this end, both sides debate. The owner of the car had to insurance company to court, requesting the court to judge the insurance company pay for the accident. And the insurance company will think, starting from the policy period, the date, "and they have no responsibility.". Yesterday, the case was officially registered in Wuhua District of Kunming City People's court .

In 2010 September, Mr. Lee bought a Volkswagen "polo" car, new car without official license plate before buying Peoples Insurance Company of China cross strong insurance and other insurance, premiums for September 10, 2010 to September 9, 2011, insurance in force 11 days later, the car won the "motor vehicle driving permit".

At the beginning of 2011 8, Lee received a telephone call the insurance company, insurance is about to expire, the insurance company to Mr. Lee recommended the company's "telephone marketing special insurance", Mr Li promised early renewal. In August 11th last year, the insurance company issued insurance invoice and second annual policy to Mr. li.

Unfortunately, a month later, Mr. Lee's car and a motorcycle collided, the traffic police department, mainly responsible for Mr. Lee, the motorcycle driver Jiang Mou identified constitute 8 level disability, and to Mr. Lee claims 300000 yuan.

The car accident, report to the insurance company by telephone, Mr. Lee told him to buy insurance to take effect in two days, the news that Mr. Li at a loss, in your last year policy failure more than a month ago, has agreed in advance, why also appeared in the "insurance blank period"?

Mr. Lee found after coming home, their one month in advance payment of renewal after receipt of the Ping An insurance policy, insurance for a period of September 22, 2011 to September 21st 2012. That is to say, in the first year of insurance in the years 2011 September 10th after failure, the insurance company should be in September 11th as Mr. Lee "seamless renewal" and came into effect the new policy, but the time when the new policy was postponed to September 22nd, during the period leading up to the 2011 9 month 11 days to September 21st, the car "uninsured" a total of 11 days, but in the meantime, an accident happened to Mr. li.

Mr. Lee was commissioned by the Yunnan earthquake sequence of law firm Zhang Honglei lawyers will China Ping An Property Insurance Yunnan branch of Limited by Share Ltd to court, requesting that the defendant directly to the third Jiang Mou to compensate 200000 yuan. The plaintiff believes, the defendant as a professional insurance company, to advance the renewal of vehicles "delinking insurance" shall bear the liability for contracting negligence.

The plaintiff evidence showed, in a marked "Chinese peace" in the words of the invoice, the invoice date for August 11, 2011, a "policy" show, "September 22, 2011 to September 21, 2012 period is".

China Ping An Property Insurance Limited by Share Ltd Yunnan branch office director Wang said in an interview with reporters, the beginning of a period from the date of the policy, when Mr. Li himself to the company's counter to receive the policy, and sign word. Although the invoice invoice date is August, but do not be equal to the premium that period from this time period to date, the contract is the time. While the company informed one manager said "telephone car insurance", from invoice date to view this day, 45 days as normal, but also the CIRC allowed.

Life daily news reporter Xiong Bo Intern Zhou Yijing

"Kunming daily" newsReporter Lei Qing reportsVehicle insurance is due to expire, the owners 1 months ahead of the renewal. Renewal shortly after the accident, the owner to the insurance company claims rejected, but that the renewal date without the 1 months later, but the traffic accident happened to de Bao "gap period". Owners angrily to the insurance company to court, yesterday, the Wuhua court accepted the case.

Lee lawsuit said, 2010 September he purchased a Volkswagen "polo" car, new car not on the license plate before he bought the Peoples Insurance Company of China (hereinafter referred to as the insurance company) cross strong insurance and other insurance, the insurance period for the September 10, 2010 2011. The last 8 month, he received the insurance company business phone, business personnel said his car in mid September is about to expire, recommend special auto telephone marketing the company "to the ". Mr. Li said: "the phone I agreed in the insurance company agreed in advance, to pay the premium after August 11th, I issued insurance invoices and second year of Bao single insurance company."

But the next thing, let Mr. Li perplexing. Last September 20th, Mr. Lee car collided with a motorcycle. By the Kunming Municipal Public Security Bureau Traffic Police Team issued a "road traffic accident book" cognizance, bear the main responsibility of Mr. Li, negative secondary responsibility motorcycle driver. After the forensic identification, motorcycle drivers constitute eight level disability. After the accident, a motorcycle driver to Mr. Lee claims 300000 yuan.

"the accident occurred the same day, I at the scene by phone 95511 report to insurance company, insurance company accident is that my insurance, auto insurance in two days after the accident!" Mr. Li said, he obviously advance continued insurance, should not appear "insurance gap period". Back home, he dug out the policy found himself 1 months in advance payment of renewal after receipt of the Ping An insurance policy, the insurance period of September 22, 2011 2012 9 month 21 days. That is to say, in the first year in September 10, 2011 after the failure of insurance, insurance company should be in September 11th "seamless renewal", but the new policy insurance date was postponed to the insurance company 9 month 22 days.

"The insurance period without delay, loss caused by an insurance company shall bear." Therefore, Mr. Lee to the insurance company to court, requesting the court to judge the insurance company directly to the motorcycle driver compensation 200000 yuan.

"the plaintiff to the defendant renewal 1 months ahead of schedule, the true meaning and the purpose of the contract is' seamless renewal ', avoid removing and insurance space." Mr. Li's lawyer Zhang Honglei said, the defendant as a professional insurance company, in to the original to take the initiative to sell insurance, have important information that the identity of the plaintiff, the telephone, the vehicle, the annual insurance situation, should provide timely, accurate, effective and professional services to the plaintiff, the plaintiff must ensure that agreed in advance "seamless renewal".

Zhang Honglei thinks, because the insurance company's fault, causing Mr. Lee "de Bao", according to the "contract law", "insurance law", "motor vehicle traffic accident liability compulsory insurance regulations" the relevant provisions, shall be borne by the insurance company to assume the "culpa in contrahendo" full claims, or according to the principle of "tort liability act", estimated by the CF Lee did not "de Bao", to civil compensation.

Spring City Evening News reported: "the owners sued the URL of Ping An insurance claim 200000"

Http://ccwb.yunnan.cn/html/2012-02/16/content_538365.htm? Div=-1

China insurance company owners Kunming to Ping An insurance claim 200000

In 2012 02 months 16 days14:32   "Spring City Evening News" reporter Bai Licheng

Telephone renewal after traffic accident,InsuranceThe company refused to compensate the owner to Ping An insuranceClaim 200000

Mr. Lee buy car insurance and 1 months before the expiration, China Ping An Property Insurance Limited by Share Ltd Yunnan branch (hereinafter referred to as Ping An insurance) employees to call him, let him to safety insurance renewal. He promised, and renewal on the phone. Subsequently, Mr. Lee drove Chiang injured, leading to 8 disabled, his alarm to Ping An insurance, just know his car without renewal, by Ping An insuranceExclusions. Yesterday, Mr. Li Ping An insurance to the Wuhua District People's court, claims 200000 yuan.

Was driving the rider

In 2010 September, Mr. Li bought a car, and in the ChinaPeople's InsuranceBuy insurance Yunnan branch of Limited by Share Ltd, the insurance period is from September 10, 2010 to September 9, 2011.

Last August, he received the Ping An insurance of staff phone: Ping An insurance know his insurance expires in mid September, will he recommended to the special insurance telephone marketing insurance "". He promised in Ping An insuranceRenewal. Last August 11th, Ping An insurance to he issued insurance invoice and second year of the policy.

Last September 20th, Mr. Li driving and riding a motorcycle Chiang collided, resulting in 60 year old Chiang suffered minor injuries. Kunming City Public Security Bureau police detachment is identified, the main responsibility of Mr. Li negative accident, negative secondary responsibility links. After the forensic identification, where eight class disable. At present, the Lao Jiang to Mr. LiClaim demage300000 yuan.

An accident that did not buy insurance

The accident happened on the same day, Mr. Lee to Ping An insurance report, Ping An insurance (Lee) answer: your car insurance will be two days after the accident (September 22nd) to take effect,The insurance companyNo compensation. Mr. Lee was angry and urgent, pleaded in the last years policy failure 1 months before, had been to Ping An insurance renewal, should not appear "insurance blank period".

Mr. Li said, he returned home, only to find out the policy, his 1 months in advance payment of renewal after receipt of the Ping An insurance policy,Period of insurance 2011 years from September 22nd to September 21, 2012. That is to say, in the first year of insurance in September 10, 2011 after the failure of the new policy, Ping An insurance should take effect in September 11th as Mr. Lee "seamless renewal" and , was postponed to September 22nd, during the period leading up to September 11, 2011 to September 21st, Mr. Lee's car "uninsured" a total of 11 days, and it is during this period an accident happened.

In this regard, the Kunming Municipal Public Security Bureau Traffic Police detachment that, Mr. Li "s compulsory motor vehicle uninsured motor vehicle third party liability insurance behavior has violated the" road traffic safety law "".

Lawyers believe that insurance companies should bear the responsibility

Afterwards, Mr. Lee to find Yunnan Zhenxu law firm lawyers Zhang Honglei to help him to the lawsuit, Ping An insurance claim 200000 yuan.

Zhang Lei Wang think, Mr. Lee 1 months ahead of schedule to Ping An insurance renewal, its true meaning is: "seamless renewal", avoid dehydration and insurance gap period. This behavior is strictly abide by the law, but also be perfectly logical and reasonable, is the citizen model obey the act, no fault, blameless; Ping An insurance as a professional insurance company, to Mr. Lee take the initiative to sell insurance, have important information that Mr. Li's identity, the telephone, the vehicle, the annual insurance situation, should provide timely, accurate, when effective professional service for Mr. Lee, Mr. Lee's early renewal must ensure "seamless renewal". Mr. Lee was illegal traffic police identified as "forced by driving a motor vehicle without insurance of motor vehicle third party liability insurance behavior", traffic accident Laojiang personal injury after refusing to insurance claims, the fault lies entirely in Ping An insurance party, shall be borne by the insuranceInsurance liabilityAccording to the insurance liability, or civil compensation.

So, Mr. Li Ping An insurance to court, claim the loss of 200000 yuan, the Republic of China as the third party to participate in the litigation. Yesterday, Zhang Honglei submitted a petition to the court in Wuhua.

Ping An insurance refused to pay

Ping An insurance admit, Mr Li's telephone renewal process, the insurance company telephoneAutomobile insuranceFault handling personnel personal work, Ping An insurance can not solve; at the same time, Ping An insurance telephone recording shows, the policy effective time is confirmed by the employees and Mr. Li Ping An insurance telephone communication, the insurance company shall not pay.