Jimo lawyer - not examined the vehicle traffic accident insurance company to claim it
Created:
/Author:
Aaron Lewis
[introduction] case:
Fifteen thirty on December 28, 2004, the plaintiff has Li in a insurance company sized ordinary passenger traffic accident, the accident by the Jimo city traffic police brigade identified, each bear the same responsibility for the accident, after the plaintiff to victim compensation 78495 yuan.Perform the liability of compensation, the plaintiff claims to the insurance company, but was told that because of vehicle insurance in insurance contract period not on time limited, so according to the provisions of the two sides signed the contract of insurance, the insurance company shall not claim.
[the process and agency comments]:
The plaintiff was commissioned by the Jimo lawyer Liu Xiaoliang agent, the agent actively collect relevant evidence materials, preparation of the indictment, filed an insurance contract dispute lawsuit to the people's Court of Jimo city.In court, the decline reason to insurance companies, agents to produce a variety of evidence and give tit for tat forward our view: 1, the insurance company cited exemption clauses in the insurance contract, in the contract, the plaintiff is not clear, according to the Supreme People's Court of the relevant judicial interpretations, the plaintiff in the policy on the signature does not equal to the signature in the insurance company called the insurance clause, the clause of the plaintiff has no legal effect.2, the plaintiff had evidence that the vehicles in the traffic accidents, the police department inspection vehicle, resulting in not the cause of the accident because the vehicle failure, there is no causal relationship between the accident and the inspection limited.
[court]:
Jimo court after trial, the final adoption of all agents agents, insurance companies pay to the plaintiff the judgment all indemnity of 78495 yuan, and take the case all the 2860 yuan of case acceptance fee.
[summary]:
"The vehicle in the insurance contract period not examined" is often one of the insurance exemption clause and the decline reason, one of the reasons but the car accident in the case without annual review is not the cause of the accident, therefore the insurance company claims rejected the plaintiff extremely unfair.The case after the Jimo lawyer Liu Xiaoliang's unremitting efforts, finally successful, very satisfied with the client.