Insurance contract without compensation costs court despot provisions invalid
In 2011 06 months 27 daysEast Lu Fangfang Feng Weihong

The insurance company has agreed to the insurance clauses and rejected claims litigation expenses. However, the cost of money will get compensation? Wuxi South long court upheld the insured's claim.

In 2009 July, informed the transport company to insure a truck the name of a commercial motor vehicle insurance, insurance for a period of one year. On June 25, 2010, Yang Ming driving the truck driving to Nanjing Pukou District Ning highway six section rear end hit a car, the direction out of control and crashed into the oncoming car, resulting in three vehicles damaged traffic accident. The Traffic Police Department identified Yang Ming negative accident responsibility, Nanjing Pukou district court sentenced Yang Ming, informed the company compensation of two owners of a total of more than 25 yuan; the case acceptance fee of 5000 yuan, the company informed the joint burden by Yang Ming. After informed the company to insurance company claim litigation costs rejected.

In the lawsuit, the company informed that the seventh paragraph of article seventh, the insurance contract arbitration or litigation expenses and other related expenses and insurance shall not be liable for compensation, so the sum of costs does not assume responsibility for the settlement of claims. The court thinks, the seventh paragraph of clause seventh clause of exemption from liability insurance, the insurance contract is not the terms of the contents of prompting or clear, this clause does not come into effect, then the Mingda company requires insurance companies to pay the case acceptance fee 5 012 yuan claims to support.

Judges commented: exemption clause is not absolutely invalid, as long as the Insured agrees, and providers to request the other party obligations of attention and explanation, the exemption clause is effective. However, in this case, the company informed the insurance company did not explain the content of the exemption clause, and the insurance company did not provide the corresponding evidence has done that obligation, therefore the clause does not take effect. The judge reminded, the applicant should carefully read the insurance policy and the accompanying clause in insurance, and have the right to request the service personnel terms clear explanation and interpretation. (this figure is a pseudonym)