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The plaintiffs:2008Years10Month, the plaintiff to the defendant insurance, insurance period2008Years10Month22To2009Years10Month21Day.2009Years7Month20Day, the traffic accident caused by an outsider, Zhu was injured, the vehicle damage facts. The police mediation, the plaintiff has to fulfill the obligation of compensation. Since then, the plaintiff to the defendant claims, the defendant was quasi driving type not by the insurance of motor vehicles and driving license and refuse payment to driving. Accordingly, the plaintiff argues that the reason for the refusal of the lack of legal basis, request to order the defendant to pay insurance indemnity RMB74144.2Element.
The defendant argued that: in the traffic accident, the driver without driving, according to the insurance contract, the defendant refused the request, the plaintiff's claim is not wrong, therefore, to dismiss the plaintiff's claim.
After cross examination, the plaintiff to provide insurance policy, the defendant has no objection, but said the insured vehicle passengers9People, is a medium-sized passenger car category; the plaintiff to provide traffic accident responsibility confirmation notice, twelve cases, insurance terms evidence without objection; provide the plaintiff Lee driving license, the defendant agree, but stressed that the quasi driving type isC1In accordance with the law, only to drive small car, not driving medium bus; road traffic accident damages mediation provided by the plaintiff, the defendant has no objection to the authenticity, but for the project and the amount of compensation, not recognized, and medical expenses in the amount of non health care8948.31Element.
The defendant to prove its defense claims submitted to the following evidence:1The State Council, the secret letter (2005)436Document, and the Insurance Regulatory Commission (CIRC office letter2007)327A copy of the document, in order to prove that the driver driving vehicle and driving license driving type does not match, as a driving license without obtaining the situation;2The plaintiff, a vehicle license, in order to prove that the insured vehicle model for medium bus;3Driver's license, quasi driving type code provides a, in order to prove that the driver's driving license of quasi driving typeC1Quasi driving range, small cars, does not include the medium bus.
After cross examination, two documents provided by the defendant, the plaintiff has no objection to the authenticity, but that the document belongs to administrative rules, its effectiveness is obviously lower than the validity of laws and administrative regulations; the defendant to provide vehicle driving license, the plaintiff said no objection, but although the driving license records for medium-sized passenger cars, but the insured have been in accordance with the mini bus to pay insurance cost; the defendant to provide driver's license, quasi driving type code provisions, the plaintiff has no objection, but think about the type of vehicle should be based on the provisions of the State Administration of quality and technology supervision shall prevail.
This house believes that: the main focus of the dispute between the parties are the plaintiff driver Lee made driving qualification, namely quasi driving type consistency problem for insurance vehicle type and the driver Lee driving license, namely the driver problem Lee driving is liability insurance vehicle whether the defendant caused by traffic accidents, which belongs to the insurance clause provisions of the exemption scope. Firstly, the types of motor vehicle, at present our country has two different national standards, design were applied to vehicle manufacturing management field and road traffic management; the vehicle is divided into passenger cars and commercial vehicles, passenger cars in two categories, including the pilot, no more than the most9A seat, there are ordinary passenger cars, high-level passenger cars, small cars, multipurpose passenger vehicles, private passenger vehicles division, commercial vehicle, bus, truck, semi trailer car, bus and minibus (not more than the driver, the most outside16A seat), city buses, tourist buses, special buses are divided, the standard classification of no medium bus; the vehicle is divided into cars, trams, motorcycle, trailer four kinds big, car passenger car and truck two, passenger vehicles and large, medium, small, micro points, among them medium-sized passenger cars is the commander of less than6000mmAnd a number of10-19One car, small car refers to the length of less than6000mmAnd a number of less than or equal to9The car, the control of the standard, the insured car apparently belonging to the small car. Secondly, with regard to the case of the insured vehicle type, there are two different types of records, the insurance policy are the records of light bus, vehicle registration record is medium-sized ordinary passenger cars, but, according to the insured vehicle registration time, in contrast to the current national standard of two motor vehicle management, records and vehicle insurance policy vehicle license records, are not accurate; according to the approved in underwriting and rejection of a claim, the plaintiff in the acceptance of policy, not on the basis of vehicle registration records, and that the insured vehicle for small cars, and the premium, but the insurance after the accident, and on the basis of the vehicle driving license the record, that the insured vehicle for medium-sized ordinary passenger cars, which refused the plaintiff claims, the defendant for its own interests, arbitrarily determined by the type of vehicle insurance, their escape shall assume the responsibility, contrary toInsurance LawThe basic principle, the plaintiff, is obviously unfair. Finally, in accordance with the provisions of the road traffic safety management laws and regulations, to deal with road traffic accidents of motor vehicles, motor vehicle driver management, management, belong to the police department's duties, on vehicle type of motor driver and the driver's license of quasi driving type are the same, just as the insured for the traffic accident responsibility the same shall be made by the traffic police department, make a determination, the insurer shall have no right to make that happen in this case; after a traffic accident, traffic police departments in the accident process, and not on the basis of vehicle registration records, identified the insured vehicle for medium-sized ordinary passenger cars, but according to the national standard, recognized the insured vehicle for small coach, has not identified the quasi driving type inconsistent plaintiff driver Lee driving type of vehicle and driver's license. Accordingly, the defendant to the insured vehicle type and the driver's license type driving discrepancies, the plaintiffs claim the driver does not have a driving license, and then finds that the case of traffic accident insurance clause belongs to the liability exemption range, the lack of factual and legal basis, can not be established, the court shall not support.
The decision as follows:
Ten days to pay the plaintiff Chen insurance indemnity yuan defendant insurance Limited by Share Ltd Shanghai branch should be in the decision on the date of entry into force65195.89Element.