"The typical insurance cases three cases" notes 121-125

Case 121 cross strong insurance "the passenger" of that

Hunan province Yuanling County People's Court (2010) at the beginning of the word no. 675th Yuan people of civil judgment

Out of the personnel on the car controversy has been great, the Supreme Court has issued relevant comments. See Yu Xiangcheng lawyer blogHttp://xiangchengyu.fyfz.cn/art/1002747.htm[15] the judicial view integration by insurance in motor vehicles "staff car" can be transformed into motor vehicle third party liability compulsory insurance in "third"?

In general when the accident occurred in opinions, not hurt.

The insurance company in this case the burden of proof of the China Insurance Regulatory Commission on "motor vehicle insurance clause" of article fourth (three): paragraph explained, "belongs to the vehicle officers liability insurance responsibility range".

The original (CIRC website do not find the original)

China Insurance Regulatory Commission on "motor vehicle insurance clause" of article fourth, paragraph (three) to explain the reply CIRC Banhan No. [2001]59
People's Insurance Company of China.
Your company "on further clear 'motor vehicle insurance clauses' article fourth (three) for a related issues" (PICC hair (2001) No. 200) has been received. The study, replied as follows:
Insurance vehicle on the road accident, the passengers were thrown out of the car, landing after the vehicle rolling caused casualties, belonging to the vehicle officers liability insurance responsibility range.

The analysis of the citation error, not the [2000]102, this file has expired in 2005.

That case 122 "staff car" and "third" (a)

District People's Court of Ji'nan city in Shandong province (2010) the public at the beginning of the word no. 109th civil judgment

Ibid., the car off, do not belong to the third. The court in order to not grounds on the ground, the dispute is the bus passengers, one leg on the ground, a leg in a car. Is calculated as 50%?

That case 123 "staff car" and "third" (two)

Zhejiang province Ningbo Yinzhou District people's Court (2010) Yong Yin issued Spain in the early Republican word no. 318th civil mediation book

Mediation, courts tend to distinguish by death, not in place, is also a kind of view, can be used as a reason to choose the parties.

The scope of insurance liability case 124 motor vehicle officers liability insurance

Guangdong Province Shenzhen City Intermediate People's Court (2010) deep French people two to end the word no. 1628th civil judgment

The car personnel liability insurance often controversial, in terms of content"Period of insurance,The insured or the valid driver in the use ofThe insured motor vehicle processAccident, the personnel on the car suffered casualties, ought to assume by insurant damage compensation responsibility in accordance with law, the insurer is responsible for compensation in accordance with the provisions of the insurance contract."

I have suggested that the insured by insurance instead. The insurance company practices in general by accident insurance to pay, only pay medical expenses. The current vehicle officers liability insurance controversy:

1, how to define the insured responsibility? Assume what responsibility? If the borrower relationships, the law is not responsible for the insurer. If the employer, bear the responsibility of employers. If the insured units, staff car, whether to assume liability for injury? Whether the compensation in accordance with the industrial standard?

2, the insured and the same person, whether to bear the responsibility? Personal responsibility for yourself whether it should be? The infringer and Harmer mix at the same time, there is no one say that the responsibility. If the claim, whether or not only for medical expenses, loss of working time if the compensation fee, how to prevent the moral risk? In addition to the accident which contains range? Is limited to the traffic accident? The driver dropped out from the car, be kettle scald, head can claim.

The car personnel liability insurance of these disputes, not only bring uncertainty to the insured, the insurance company will give a huge risk, also do not accord with the insurance company is developing this kind of original intention, namely security car drivers and passengers.

3, in practice, car rental companies such as insurance the insurance, the insurance can protect car rental interests?

125 cases of motor vehicle officers liability insurance payment

Jiangsu Sucheng District People's Court of Suqian province (2010) at the business at the beginning of characters 930th civil judgment

The car without responsibility, sued the car personnel liability insurance.

The opinion of the court: management, insurance interest, can the main contract rights, not necessarily to be insured. The car personnel liability insurance clause is invalid. Application of the right of insurance subrogation in liability insurance. The above view is advanced.