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Henan first insurance contracts collide new friend act ends
From;    Author:Stand originally
New " law of safety of transportation of road of People's Republic of China " (law of new friend of the following abbreviation) since be being carried out at rising on May 1, 2004, standard of compensate of insurance amount manage is to press new friend law to undertake " without duty compensate pays " , still be basis clauses " have duty compensate pays " , make argumentative central point for a time. Recently, henan saves first insurance contracts to collide new friend act saves court of Nanyang city intermediate people in Henan 2 careful are terminative, the court decision rejects city of Deng of some insurance Inc. to pay a company (insurance company of the following abbreviation) appeal, maintain original judgement.

Before this, court of people of Deng state city make first instance adjudicate to this case: Insurance company rises 10 days at adjudicating the day of become effective inside one-time pay Deng Zhou cooperation of city some credence (agency of credit of the following abbreviation) amount of insurance manage compensate 93542.76 yuan.

Encounter traffic accident

On November 29, 2005, the driver of credit agency drives one already cast the red flag car that keep and the Li Mou barge against that ride a bicycle to produce traffic accident, cause damage of red flag car, li Mou dies. After accident happening, accident both sides reachs intercessory agreement, credit agency paid funeral expenses to wait for Li Mou add up to 83376.36 yuan, increase other cost, cost for this traffic accident in all 93542.76 yuan.

Manage compensate amount gets dispute

Handle postaccident, compensate of manage of insurance company of credit agency demand 93542.76 yuan, refuse by insurance company, but appeal to to the court. Tell to say formerly: On November 3, 2005, credit agency is his in defendant insurance company cars of all card of this red flag are cast guaranteed car loss a place difficult of access (limitation 180 thousand yuan) , danger of responsibility of a third party (limitation 200 thousand yuan) wait to be planted nearly, signed corresponding guarantee slip to reach not plan clause of the engage by special arrangement that avoid compensate, paid corresponding insurance cost. For this, credit agency requests to sentence your the accused to pay 93542.76 yuan. Defendant insurance company did not arrive front courtyard, did not submit any evidence, yi Wei rejoins.   

The court supports new friend law

Cognizance of court of justice of Deng state city thinks: Danger of responsibility of a third party has law mandatory, the premise that compensate manages to danger of responsibility of a third party in active insurance contract is " have duty compensate pays " , this and new friend law " without duty compensate pays " principle photograph is inimical. Insurance company regards a format as the offer person of the contract, promulgate in new friend law after carrying out accountability basis the regulation of new friend law, make the adjustment of requirement of be good law to the clause of insurance contract, in order to get used to new law carry out. Court of justice of city of reason Deng state adjudicates 93542.76 yuan to insurance company pays danger of credit social security manage compensate amount, and burden case accepts cost to wait add up to 3630 yuan.
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