The arbitration agency

Respect of arbitrator:

The lawyer told the Peoples Insurance Company of China Jinxian branch (hereinafter referred to as "insurance company") entrusted, as their arbitration agents to participate in the trial, the focus of dispute of this case, make the following agents, for the arbitration tribunal reference, hope to adopt for hope!

A vehicle insurance, Jiangxi A repair during the accident in the business of repair place, according to the insurance contract, the insurance company does not assume the insurance liability, the applicant requests compensation insurance, no factual and legal basis.

According to the "Jiangxi province Jinxian County People's Court (2007) in the early three No. fifty-eighth civil judgment" (hereinafter referred to as "Jinxian court") confirmed the fact: "on 14 January 2007 land bear XX A car driving the triple sent to Jinxian County auto repair factory repair, repair Liu XX the car repair after driving in Jinxian county road driving from west to east to Jinxian Avenue and Jun Hu Lu intersection turn left into Jun Hu Lu Tao; the XX in AK motorcycle driving through Jinxian County Road from east to West: nineteen thirty PM, in the Jinxian Avenue and Jun Hu Lu cross junction two car frontal collision, resulting in two car damaged in varying degrees, traffic accidents injured plaintiff ceramic XX." Three in Township People's Government of Jinxian County insurance applicant all vehicle Jiangxi A occurs during the Jinxian Sanlian auto repair shop repair of traffic accidents, according to the insurance company and the applicant signed insurance contracts ("motor vehicle third party liability insurance clause" Sixth third) agreed: accident during repairing in the business place of repair by third, the liability for damages, the insurance company is not responsible for compensation.

To sum up, in this case the traffic accident happened during repairs, according to insurance contract during the repair accident does not belong to the insurance liability, the applicant request compensation for commercial motor vehicle third party liability insurance, the lack of factual basis and legal basis, ask your committee to reject the applicant's arbitration request.

Two, according to the "insurance law" provisions of article fiftieth, the insurance company is responsible only for the insurance liability to pay compensation for the insured in accordance with the law of the third bear. But in this case, the insured (the applicant) in accordance with the law without liability to the third party, according to the principle of "no damage no compensation", so the insurance company in the case of natural need not assume any liability insurance. Jinxian county court decision has no legal basis, share liability the judgment applicant shall not be used as an insurance claim basis.The reasons are as follows:

1, the case of traffic accidents occurred during the garage sent in the vehicle, the vehicle shall be sent to the repair of liable principal period should be repair plant, rather than the owner of the vehicle. Jinxian county court to determine the vehicle owner (the applicant) is assumed repair during the repairman drove liability accident, there is no legal basis.

According to the "Jiangxi Province Higher People's Court on the trial of civil trial chamber I of road traffic accident compensation for personal injury case law applicable to a number of questions answered" question and answer "23" provisions: "ask 23: motor vehicle delivery of the garage, the repairman driving person damage compensate, how to assume responsibility? Answer: vehicles are delivered during repair, the repairman driving traffic accidents causing damage, the repair factory shall bear the liability for compensation, the owner of the vehicle shall not bear the responsibility for compensation. The owner of the vehicle shall bear the burden of proof of delivery to repair the fact." Obviously, the provincial high court file is specified during repair mechanic driving main liability accident to repair plant, rather than the owner of the vehicle. In this case, an entity shall bear liability for compensation according to law is the Jinxian Sanlian auto repair factory, Jinxian county court is not listed in the garage for the subject of compensation liability, the applicant in responding to also was not request additional repair factory as a joint defendant, finally lead to court the bear part of the responsibility. Adverse legal consequences of litigation fault behavior of applicant shall not transfer shall be borne by the insurance company, Jinxian county court was the lack of legal basis, the decision shall not be used as an insurance claim basis.

The "vehicle to repair or during the custody of the responsibility subject standard" problem, the editor of the "civil judgment standard" devoted to the discussion, the original report as follows: "vehicle to vehicle repair period, by all means, the vehicle has stopped running, and the actual vehicle all people and out of control dominant. Repair factory in accordance with contract made on the control of the vehicle control. Repair plant occurred in the test or in the vehicle traffic accident causes damage to others shall bear the liability of compensation, repair plant. In the garage storage vehicle process, repair shop staff or other people driving accidents, repair factory should bear the responsibility for compensation." From this paper, can draw the "repair period" refers to the vehicle to repair to fix to the entire period, including of course test behavior repair plant and other personnel to use the vehicle behavior. Therefore, the applicant argues that "repair period" only refers to "the point in time at the garage in the process", not including road test or other personnel to use the vehicle's situation. To understand the apparently distorts the insurance contract set this disclaimer. According to the insurance contract, the places of business during the repair the exoneration, mainly on account of the accident that occurred during the repair, as the insured itself for the loss of control of the insured vehicle control and can not control the vehicle risk, responsibility and the related legal provisions repair period for repair factory, therefore, according to the "insurance law" article fiftieth, clauses will this situation as the exception responsibility.

2, according to the insurance contract ("cross strong insurance clause" seventeenth second ", three" commercial liability insurance clause twenty-first) agreed, and insurance related arbitration or litigation, the insured shall notify the insurer in writing promptly. In this case, the applicant and the third party litigation in the Tao XX, default to notify the insurance company in written form, therefore, by the applicantResponding to failureThe adverse consequences caused by its own.

The agent that, the applicant to errors in the following points:

In the people's Court of Jinxian county (2007) in the early three No. fifty-eighth in the case of default to notify the insurance company, led to the loss of exemption plea opportunity;

In the people's Court of Jinxian county (2007) in the early three No. fifty-eighth cases, fails to apply for additional compensation subjects Jinxian Sanlian auto real repair plant for the co defendant, cause the applicant be misjudged bear part of the responsibility;

In the people's Court of Jinxian county (2007) in the early three No. fifty-eighth case after the verdict, not to appeal, a waiver of rights relief, as the applicant agrees to indemnify.

3, according to the "insurance law" fiftieth article: "liability insurance refers to the compensation liability of the insured to third party according to law as the subject matter of the insurance." As mentioned above, the applicant should not assume liability to pay compensation of third ceramic XX in accordance with the law in this case. Because the cross strong insurance, commercial three liability insurance is liability insurance, "insurance law" of course apply on fiftieth "insurance" provisions, the insurance company does not assume insurance responsibility nature in this case.

The "concept of insurance", the agent on the following instructions:

According to the "compulsory insurance regulations" of forty-second and "cross strong insurance clause" the fourth stipulation: "cross strong insurance contract insured refers to the legal driving the insured and permitted." In this case, as the compulsory insurance of the insured only insured (the applicant) three in Township People's Government of Jinxian county. As the driver motor vehicle accident insurance Liu because XX is not legitimate driver three in Township People's government allowed, but "steal the A car accidents and ceramic XX (see" Jinxian county court decision the applicant argued, that belongs to the admission act, shall respond to the applicant binding), people are insurance is the driver Liu XX not the case, cross strong insurance contract referred to. As the three in the township government insured applicants Jinxian County Liu XX claims there is no legal basis

Similarly, accident liability insurance in the "three main commercial motor vehicle third party liability insurance clause" Fourth "insurance" also will cause third damage is defined as "the insured or the valid driver", and "non legitimate driver will be insured to allow the use of the insured motor vehicle" as "the liability exemption". Accordingly, the behavior of the driver Liu XX also does not belong to the commercial three liability insurance.

Three, step back, even if the case to liability insurance, according to the "insurance law" provisions of article fiftieth, the insurance company will only according to the insured (the applicant) liability in this case in accordance with the law shall bear the insurance liability to pay compensation for the corresponding. The applicant actually sentenced to compensation of third ceramic XX for a maximum of 12756.52 yuan, undertake the insurance liability. The applicant appeals by 100000 yuan compensation, is clearly in violation of "principle of the insurance law" provisions and property insurance compensation.

According to the provisions in the second paragraph of "insurance law" fiftieth: "liability insurance refers to the compensation liability of the insured to third party according to law as the subject matter of the insurance." Combining with Jinxian County Court: "three in the township government, the Jinxian County Land Resources Bureau each take 10% or 12756.52 yuan......" Accordingly, even if the insurance company to assume insurance responsibility in this case, should also be compensation awarded to the actual third Tao Wenqing paid 12756.52 yuan shall bear the corresponding compensation liability insurance. Otherwise, the insured three Jinxian County in the township government commitment to the actual 1 yuan compensation liability insurance, but because the profit of 8 yuan, which is obviously not in conformity with the principles of insurance; also a serious violation of the "insurance law" fiftieth article "insurance" provisions.

In addition, according to the insurance contract ("cross strong insurance clause" Tenth Fourth ", three" commercial liability insurance clause seventh seventh) agreed: caused by traffic accidents litigation and arbitration fees and other related expenses, the insurer shall not be liable for. Accordingly, Jinxian county court decision to the applicant township of Jinxian county government in three bear the litigation costs 285 yuan, according to the law should not be borne by the insurance company to assume.

In summary, the A system of vehicle insurance applicant shall be sent to the repair shop repair period, the repairman Liu XX without the applicant allowed to steal a traffic accident. According to the relevant regulations, the vehicle to repair the main responsibility period as the repair factory, Jinxian county court judgments the applicant shall bear the liability for compensation, there is no legal basis. Responding to adverse legal consequences caused by the fault behavior of the applicant shall not by the insurance company to assume. At the same time, according to the insurance contract, during the repair of the insured and not allowed to drive the vehicle accidents are not belong to the insurance liability, the insurance company without compensation. Step back, even if the insurance company to assume insurance responsibility in this case, according to the "insurance law" article fiftieth, the insurer is only "liability" the insured to third party according to law that is the amount of compensation court 12756.52 yuan shall bear the corresponding compensation liability insurance. Therefore, request the arbitration committee to justice.

Yours sincerely

                                                Agent: Jiangxi XXX law firm

Two hundred eight years in November 13th