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The depth that strikes court decision of dead son proposal thinks
From;    Author:Stand originally
" Chinese insurance newspaper " published on December 17, 2007 " bump into him son dead, whether obtain compensate 3 duty danger " one article. The article carries bright, jiangsu the Huaihe River brings a car advocate Jin Yongshou buys a place difficult of access of responsibility of a third party for its car, its the car is handed in after by its employee Wei Zhongping drives, , wei Zhongping drives the car comes home, bump into him son dead carelessly. Jin Yongshou is based on the contract of danger of responsibility of a third party that oneself and insurance company sign, requirement insurance company undertakes to the accident compensate pays, insurance company has with the regulation is being made clear in insurance contract " this car drives the person casualties of personnel and its family member, all or the belongings loss that govern on somebody's behalf, the underwriter is not in charge of compensating for " compensate rejects to pay for disclaimer. First instance and 2 careful court all adjudicate insurance company loses a lawsuit, ought to compensate pays insurance gold. Adjudicative prime cause is, insurance company all did not show obligation to its disclaimer.

In this one case, this one court decision of the court does not have undeserved place, the problem is: If this kind of law case explains with was not being used up obligation has a court decision for reason only, when will produce similar case so, if insurance company already used up demonstrative obligation, criterion the court ought to adjudicate insurance company wins the lawsuit. Is such court decision rational really?

The court adjudicates with violating demonstrative obligation insurance company loses a lawsuit, an implicit logistic premise, that is, the disclaimer that insurance company sets in insurance contract -- " drive personnel and its family member " disclaimer is effective. But, say from reason, "Bump into others compensate dead to pay, bump into him relative dead not to grant compensate pays " fact of this be related cannot be accepted for public place from beginning to end. Experience tells us, insurance company of this kind of circumstance ought to compensate pays. From this, we have reason to be examined afresh " drive personnel and its family member " the effectiveness of disclaimer.

Insurance company protocol the reason of this one disclaimer is two respects roughly: Above all, if insurance company undertakes with respect to the harm of domestic member compensate pays, criterion insurance company compensate pays after ending, basis " insurance law " regulation, can exercise subrogation begs countervail to counterpoise to chase after countervail to the person that causes insurance accident. Because make the person of accomplish sth reason and victim,be in together a family, such, after compensate pays the behavior as good as of claim for compensation at " left hand grants, the right hand alls alone " , solid belong to shoe the goose. Behave in this case for, insurance company ought to make the same score compensate to pay in Xiang Wei, because Wei Zhongping is the victim's guardian, compensate pays after ending, insurance company can chase after countervail to Wei Zhongping again, because of the person that the cause trouble that is traffic accident is made the same score in the Kingdom of Wei. Insurance company is compensate pays first, countervail is chased after again after, to Wei Zhongping, cannot win any compensation actually, the situation that because this is direct,creates domestic member another family member tries to set as except circumstance and all without exception is become. Next, "Drive person and its family member " the existence of disclaimer is to reduce insurance premium, if incorrect this kinds of circumstance tries to avoid duty, criterion insurance premium will rise. Calculate from insurance essence on for, existing insurance premium did not include to create this kind of situation that domestic member harms. Accordingly, ought to give in insurance contract eliminate.
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