Shanxi province Taiyuan City Intermediate People's court

            (2010) and the people with the word no. 668th civil judgment

                2010 September 16th.

   [case]

   In 2007 1 0 month 3 days, the plaintiff Xue all taxis and temperature of a collision accident, when the temperature of a riding a bicycle with his brother Wen Xiao mou. The traffic police team identified, Xue and large temperature equal responsibility for a negative accident, Wen small one without responsibility. The accident caused a big light temperature

Injury, Wen small some three disabled. By August 21, 2007, the vehicle in an insurance company insured motor vehicle traffic accident liability compulsory insurance and commercial three liability insurance (coverage for 1 5 yuan). In February 20, 2009, due to temperature and small prosecution Xue and an insurance company, the court

To make the civil judgment, judgment of a direct compensation insurance companies less temperature compensation temperature in a 111752.55 yuan, a 8247.45 yuan, Xue a compensation temperature one 92917. 45 element. An insurance company to fulfill payment obligations to the court. In 2010 February, Xue sued an insurance company has to bear the temperature of small a performance of 92 yuan 917. 45 compensation.

   [text] verdict

   The appellant (defendant in the original instance): an insurance company.

   Appellee (the plaintiff): Xue, Taiyuan city.

   The appellant to an insurance company for insurance contract dispute case, the Taiyuan city Yingze District People's Court (2010) welcome issued Spain in the early Republican word first 3 1 civil judgment, and appealed to the hospital. The court appointed judge Liu Guang to serve as the presiding judge, and the judge Li Xuegui, acting judge Ren Weizhong formed a collegiate bench, Liu Jing served as the clerk of court records, held a public hearing of the case. The appellant one insurance company commissioned on behalf of poor people and the appellee Xue an agent to participate in litigation. Now the trial has been closed.

   The trial court judgment, motor vehicle traffic accident liability compulsory insurance is to protect the motor vehicle road traffic accident victims to get compensation according to set mandatory liability insurance, in motor vehicle accidents, first in the motor vehicle traffic accident liability compulsory insurance limits for claims, exceed the portion of claims in the commercial insurance limit. After the traffic accident, the court and the court ruling, determination of the loss of the victim, to confirm the loss of more than compulsory insurance liability, the applicant for the commercial motor vehicle insurance required claims, which produced insurance accident, the insured person has the right to the insurance company for commercial insurance claims. The victim in the case of loss of the hospital in 2009 February after the verdict according to law, the commercial insurance is insurance in the accident. Therefore, the plaintiff does not exceed insurance claim aging and limitation of action, the third in the insurance business insurance liability insurance for the 1 5 million, and the set of non deductible insurance. The plaintiff's claim in the amount of three liability insurance limits, the defendant shall pay the.

   The trial court, the defendant of an insurance company in ten days after the entry into force of this decision within the payment the plaintiff Xue an insurance compensation funds 92917.45 yuan.

   The judgment of the first instance, the insurance company refuses to accept the appeal said, "insurance law" of the people's Republic of China rules go insurance other than life insurance, the insured or the beneficiary, the limitation of action for indemnity or payment of the insurance benefits to the insured for two years, since it knows or should

When calculating the date of occurrence of the insurance accident. From the traffic after the accident, the appellee has not appealed to the people to fulfill the obligation of the insured, nor claim and provide the relevant formalities to the appellant, the appellee delay in performance of their rights after insurance accident, therefore leads to the end of the limitation of action. The judgment error of fact, requested the court of second instance to rescind the original judgment, the judgment shall be amended according to.

   The appellee Xue a argued, civil liability in traffic accident is not determined, is whether the appellant shall bear the liability of compensation is not clear, to determine the civil liability of the day, the appellee to insurance claims requests to the appellant, and also for the limitation period, the appellant rejected claims properly; another case of the appellant assume the cross strong insurance claims responsibility, the case by the appellant appealed people assume business insurance claims responsibility. Therefore, the original judgment that the facts clearly, correctly applies the law, request the second appeal, upheld the.

   Through investigation, in 2007 August 2 1 day, the appellee Xue for all their Jin AT Jetta taxi appealed to the people of the insurance division paid the motor vehicle traffic accident liability compulsory insurance and the vehicle officers liability insurance, third party liability insurance. The third party liability insurance

Alkali (non deductible) insurance amount is 150000 yuan, the insurance period is from August 24, 2007 to August 23, 2008. In 2007 the 1 0 division 3, a driving seat Xue Jin AT, Jetta taxi and large temperature a ride, carrying a warm small bicycle collision, the formation of a traffic accident.

Due to a big one, Wen Xue is a violation of the "people's Republic of China Road Traffic Safety Law", equal responsibility for the accident, in February 20, 2009, the trial court ( 2009) at No. 479th issued Spain in the early Republican word civil judgment, judgment: the appellant a insurance company to compensate for temperature one

111752.55 yuan; Xue, Xue a compensation temperature so small a 92917.45 yuan; temperature compensation temperature of a 204 670 element in a small. The decision takes legal effect, the appellee Xue did not fulfill the judgement to determine compensation obligations. 20 1 0 year in January 6th, the appellee Xue to the trial court proceedings, request the insurance company according to the stipulated in the insurance contract shall be 92917.45 yuan claims.

   The fact that the compulsory motor vehicle traffic accident liability insurance policy, an insurance company, motor vehicle insurance, traffic accident, ( 2009) at No. 479th issued Spain in the early Republican word civil judgment and statements of the parties, in the volume of evidence.

   This house believes that, according to "an insurance company vehicle insurance", can determine the appellant and appellee an insurance company has insurance contract relationship between xue. After insurance accident happens, the appellant a insurance company shall, within the statutory time limit on the appellee Xue to insurance claims. Because of the insurance accident is not accident itself, so only damage occurrence or only third to be sued the insurer's claims, the insured person to assume the responsibility of the referee the final effect, do not belong to the occurrence of liability insurance in the insurance accident. Only through the legal way, that the insured liability to the third party, which determine the compensation effect, this time only belongs to the occurrence of the insured event. In the case of traffic accidents (i.e., damage fact) occurred in 2007 1 0 month 3 days, but the appellee Xue a liability was established in 2009 February, the appellee Xuemou in 20 1 0 year in January the way to suit for the appellant an insurance company, insurance claims, no more than the statutory limitation. The trial court finds that the facts are clear, the applicable law is correct, should be upheld. In this case the appeal than claim aging statutory, reason can not be established, the court shall not support. In accordance with the "provisions of the Civil Procedure Law of the people's Republic of figure 153rd" in the first paragraph of the first, the decision as follows:

   Dismiss the appeal and upheld the original sentence.

   The second case acceptance fee of 2 1 24 yuan, by the appellant an insurance company burden.

   This judgment is the final judgment.

                                The trialSentencedLongLiuLight

 The trialSentencedMemberLi Xuegui

                               Acting judgeRen Weizhong

Two O O in September 16th

                               The bookNoteMemberLiuStatic

   [comments]

   The focus of this controversy is the insurance question of limitation of action.

   The limitation is due not to continue after the legal period right to state the facts, aging is right according to law are not protected by the law. According to the "general rules of the civil law" provisions of article 135th, the limitation of action is a legal system for the obligee does not exercise the right to request the people's court for protection of civil rights according to law within the statutory period, that is to say, the right people do not exercise the right to the expiration of the limitation period loss of legal fact to protect their rights in litigation. Insurance claims must be filed, exceed the limitation in the time of validity of a claim, the insured or the beneficiary does not claim, does not provide the necessary documents and not get insurance gold to the insurer, shall be deemed to waive its rights. Time of validity of a claim from the insured or the beneficiary shall know the date of insurance accident happened.

   "Insurance law" (revised in 2002) the provisions of article twenty-sixth, insurance other than life insurance of the insured or the beneficiary, claim for compensation or payment of the insurance benefits to the insured the right to know, since the accident insurance of two years from the date of exercise and to destroy the internal. Accordingly, the insured indemnity or payment of the insurance benefits is right, since that accident insurance date. The "general rules of the civil law" for the system of limitation of the provisions are too general, therefore, since 1995, "insurance law" on the insurance claim the limitation of special post, 2002 revised "insurance law" the insurance claim limitation to "the limitation of action". The 2009 revised "insurance law" to "know or should know the insurance accident happened," as the starting point for the calculation. Compared with the old "insurance law" provisions of the law, increase the "should know the date of the insurance accident". Know "is not a pure subjective presumption should be called", but should have objective facts show, or according to the general law presumption of the insured or the beneficiary know insurance accident has happened. The general principles of the civil law "and" specified in the limitation "since the party knows or should know that his rights have been infringed". Based on these provisions of the understanding, the insured or the beneficiary to claim compensation from the insurance company, as the party can request right was infringed for its insurance, the limitation of action to date. Provisions of the "insurance law" and there is a difference between.