GUANG DONG SHANGDA (FU TIAN) LAW FIRM
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Insurance Contract Case

Add Date:2015/7/1 Hits:2753 Font Size:S M L BACK
[Brief case]

November 17, 2004, Wu on all of its cars to an insurance company insured car damage insurance, primary insurance, excluding special insurance deductible, board officers liability insurance. Insurance Contract states: 1 family own car damage insurance policy. Where Article 12 (8) of the states, any losses and expenses for operating the insured vehicle charging business practice period, the insurance company is not liable for compensation; 2. motor vehicle third party liability insurance policy. Article 32 states, according to the insurance company within the insurance vehicle drivers are responsible in the accident ratio, bear the corresponding liability and insurance liability limits set forth in the agreed deductible franchise. Which occurred within the same year the insurance indemnity the insured vehicle several times, its second franchise from the beginning of each 5% increase in accident insurance when engaged in non-commercial vehicle business transport activities, third party losses caused by this insurance premiums the proportion of the corresponding compensation is calculated premiums for commercial vehicles. 3. The additional insurance terms and explanations. Which states, board officers liability insurance lines of additional insurance third party liability insurance. In the car officers liability insurance policy. Article 4 (c) states, each compensation are implemented 20% absolute franchise. May 31, 2005, Wu was driving the insured vehicle collide with the Third Party Humou driving the tractor, causing damage to vehicles and passengers with certain Wu and Lu underwent injured. Traffic police brigade to make traffic accident, found Wu, Hu bear equal responsibility for the accident. After the court decision, certain of the loss of 28,887 yuan, Lu underwent the loss of 955.30 yuan, and Hu and Wu joint compensation of such damages. Wu apply to the insurance company claims, the insurance company believes that Wu will charge its car for business, conventions belong to the insurance company without compensation under the insurance policy; for certain, Lu underwent losses, we agreed to compensation under the terms of the proportion of the insurance agreement . Wu believes the insurance company at the time of signing the insurance contract, the insurance provisions are not delivered to him, nor to the insurance provisions concerning the insurance company is not compensable claims and disclaimers in proportion is based on the necessary explanations and instructions. Wu sued the court to require the insurance company to compensate all losses.

[Court]

The court held that in this case the focus of controversy for insurance companies to provide insurance provisions agreed upon deductible franchise subject and whether disclaimers, as well as the agreement is in effect. In this case, the insurance company provides insurance provisions regarding liability insurer exemption agreement, should belong to the "Terms relieve the insurer liability," "Insurance Law" provisions, the insurer shall fulfill clearly stated obligation to these terms.
Up: war JDB Wong Lo Kat and the full resolution
Next: For Traffic Accident satisfied
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