Insurance litigation cases in the jurisdiction of -1

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  • / Author: Aaron Lewis

 

  [U press]This article from the "research" jurisdiction insurance litigation case, the author Guangzhou laodou.

 

  Case 1: the plaintiff's son Liu to1996In Guangdong workers, and long-term residence in Dongguan, Guangdong, Guangdong employees of a company.2005Years11Month22Day17When the30Divided, Liu in Dalingshan Town of Changan Dongguan city at the junction road walking home by the first defendant units all vehicles (license number: GuangdongBMM818Light truck), injured, after the hospital rescue invalid death. The car driver is Chen (the second defendant); vehicle insurance is a China United Property Insurance Company (the third defendant). Traffic police detachment of Dongguan City Public Security Bureau Changan brigade "traffic accident" that bear coequal responsibility driver Chen this accident. The plaintiff argues that, first, second, third accused the driver of a vehicle traffic accident subordinate units or motor vehicle insurance, according to Liu suffered damage to assume joint responsibility for compensation, and the defendant and the defendant a two place although not in Shenzhen, but the three insurance companies home is located in Shenzhen, therefore sued Shenzhen Futian District people's court.

  The core problem of this case is under the jurisdiction of. The traffic accident happened in the city of Dongguan, according to the "Regulations of PRC Civil Procedure Law" in article twenty-ninth, "brought for infringement litigation,By the infringement or the jurisdiction of the people's court ", visible, Dongguan City Court of jurisdiction in the case have beyond all dispute; in addition, the higher people's Court of Guangdong Province, Guangdong Province Public Security Bureau" added meaning about treatment of traffic accident cases, some specific problems to see "twenty-second on the road traffic accident case jurisdiction made more specific provisions," took place in Guangdong province traffic accident damage compensation request, traffic accident parties not in Guangdong Province where, according to the relevant provisions of the civil procedure law to determine the jurisdiction; traffic accident parties in Guangdong Province, the traffic accident happened to the jurisdiction of the court." precisely because of the above provisions, Guangdong province court almost habitually the accident occurred in the jurisdiction of the court as the road traffic accident case court, Shenzhen court refused to accept the case, and suggested that the plaintiff to traffic accident occurred, the Dongguan court. However, the additional comments in nature only guidance, administrative or judicial work, do not have the force of law, its content but not with the legal provisions inconsistent. The plaintiff then adhere to Shenzhen court, the main reason is the three place is Shenzhen, because the "PRC Civil Procedure Law" article twenty-ninth also provides the place where the court has jurisdiction over the case. The plaintiff's insisting on prosecution to the court in Shenzhen, there is another important reason. According to the "Regulations on certain issues concerning the application of law in the trial of personal injury compensation case explanation" twenty-seventh, twenty-eight, twenty-nine, the Supreme People's court[⑥]On the calculation of the amount of compensation, the standard for "by the seat of the court" standard, which determines the Shenzhen court and charged in a Dongguan court, the plaintiff may obtain compensation completely different. For example, only death compensation payment, compensation in Shenzhen area10Million yuan/People, Dongguan area only to compensate3Million yuan/People. The plaintiff to the court in Shenzhen declare that the above reasons in oral or written form, Shenzhen court finally accepting and hearing the case, and made a relatively more favorable to the Dongguan court verdict, created a precedent of jurisdiction of Guangdong area of road traffic accident cases.

    [⑥] Article twenty-seventh in accordance with the funeral expenses by the seat of the court last year on the average wage of workers, for the sum of six months.

Twenty-eighth were dependent people living under the support degree of loss of working ability, according to by the seat of the court last year, per capita consumption expenditure of urban residents and rural residents consumption expenditure per capita standard of living. Dependents were known to be minors, to eighteen years of age; dependents no working ability and no other source of income, the calculation of twenty years. But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years.

Dependency is defined as being the victim should bear the support obligation in accordance with the law of minors or disabled and no other adult living near relatives. Be dependent of other dependents, the compensation obligor shall bear the expenses for compensation according to law. Only part of the. Several people were dependent, the total amount of annual compensation does not exceed the previous year of urban residents per capita consumption expenditures or rural residents per capita living consumption expenditure.

Article twenty-ninth the death compensation in accordance with the seat of the court on appeal by the year of urban residents per capita disposable income per capita income or rural residents, according to twenty years. But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years.