2013年1月16日星期三
One day in November 2011
Jinzhou City, Liaoning Province, private car owners, according to the Xinhua News Agency, Zhou Wantao get off the loading and unloading cargo, unfortunately, due to the the car rolling mill rolling lethal, causing bizarre tragedy. Supported his family to court to seek compensation for the insurance company was sentenced in the 15th payment to pay high insurance insurance compensation of 120,000 yuan, 100,000 yuan compensation for third party liability insurance, a total of 220,000 yuan in compensation.
One day in November 2011, a the Zhou Wantao driving their own trucks to Jinzhou suburban hill Larsson tree. Parked on the hillside, he went to the back loading, when the vehicle fell slipped too late to dodge grind rolled to the hospital from serious injuries after she died.
Tragedy, Zhou Wantao family access to insured found vehicle insurance compulsory traffic accident liability insurance and commercial insurance, third party liability insurance, commercial insurance deductible ratio of non-interest special terms agreed upon, the insurance is valid for April 20, 2011 to 2012 19. Thus, their families claim to the insurance company, but the insurance company refused compensation to victims for the insurance contract, the insured should be recognized people on board ". The two sides dispute to no avail, Zhou Wantao family helpless to Linhe District, Jinzhou City Court proceedings, requesting an order corresponding loss of compensation from insurance companies.
The court held that, the deceased Zhou Wantao signed insurance contracts with insurance companies comply with the relevant laws and regulations, and shall be protected by law. This case, leading to the fatalities occurred in the transportation process, belonging to the traffic off road accidents, determine the persons in the vehicle belonging to a third party or insurance vehicles, must be its "accident" this particular time, whether living in the insured vehicle above is based on that board staff in the car, under the car, under the car, officers "third party".
The court also held that the Department of motor vehicles, transport, anyone can not always being in the car, the third party motor vehicle insurance contract and board staff are not permanent, fixed identity. Zhou Wantao is not in the process of driving a vehicle to death under the car in the event of an accident, he does not belong to this car personnel, their identity, from the insurer into the victim, that is, to pay compulsory insurance and third party liability insurance claims object. Therefore, in the period of insurance occurred insured event occurs, the insurance company should be to fulfill the obligation to benefit their family insurance premiums of the insurance contract. Ultimately, the Court of First Instance made the above decision.
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