According to national regulations
property fees include public liability insurance fees
The purpose is to
protect the owners'
legitimate rights and interests to the greatest extent. When infringed,
can receive compensation in time
However, Ms. Yang, a resident of Harbin City, told
"Chinese Consumers" "Newspaper" reporter told about her claims experience
Property and insurance companies kicked the ball
No compensation was received for two years after determining the damage
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Ms. Yang lives in Dazhongjiayuan, Nangang District, Harbin City. On January 20, 2020, her home The main sewage pipe in the basement was clogged and water returned, causing sewage to flow all over the floor, causing indoor floors, carpets, mattresses, etc. to be soaked.
The community property management company Harbin Pioneer Property Services Co., Ltd. (hereinafter referred to as Pioneer Property) and Anhua Agricultural Insurance Company Heilongjiang Branch (hereinafter referred to as Anhua Agricultural Insurance) conducted on-site inspections. The total loss was determined to be 5,150 yuan, and the insurance company compensated 2,905 yuan, and the remaining 2,245 yuan will be borne by the property company. Ms. Yang signed the "Property Liability Insurance Small Sum Case Investigation and Loss Determination Record" on the spot.
Ms. Yang, who thought she would get the compensation soon, has been waiting for more than two years, during which no one informed her about the insurance claim. Ms. Yang contacted the insurance company and property management company, but to no avail.
The insurance company replied: Our compensation can only be paid directly to the property company. You can ask the property company to ask for it.
The property company excused it on the grounds that the insurance compensation had not yet arrived, or that it had been reported to the head office.
After receiving Ms. Yang’s complaint, on February 21, 2022, the reporter found Mr. Wang, Anhua Agricultural Insurance claims adjuster, and asked Ms. Yang about matters related to insurance claims. The other party replied:
“The property company is the policy holder. Since the property management company is the policy holder, The company has not provided a complete claim settlement procedure, so the claim settlement has not been carried out. On January 10, 2022, the 2,905 yuan borne by the insurance company has been transferred to Pioneer Property, and Ms. Yang should go to the property company to ask for it."
About Why not pay the compensation directly to Ms. Yang? Mr. Wang explained:
"It is the insurance purchased by the property company, and we can only pay the compensation to them."
However, this is not the case. The reporter checked the "Insurance Law" and found that Article 65 clearly stipulates , the damaged owner, as a third party, has the right to claim directly from the insurance company.
The 65th provision of the Insurance Law
Why did the insurance company violate the provisions of the Insurance Law and pay the insurance compensation to the property company before the property company made compensation? It has been more than two years since the accident, and the property management company has not applied for compensation. If the property management company fails to request compensation, the owner can fully recover compensation by subrogation. Why not inform the owner of this right?
Regarding the appeal issue, the reporter once again found Mr. Wang from Anhua Agricultural Insurance. He said that he could not answer on behalf of the company and needed to report it to the company leadership before he could reply. Until press deadline on March 1, Anhua Agricultural Insurance did not provide any explanation.
Ms. Yang told reporters: "This kind of liability insurance should have paid compensation to our damaged owners. I have previously asked the insurance company to pay me directly, but they have always said that they can only pay to the property. The insurance company is too irresponsible. "
An insurance salesman who did not want to be named told reporters that they are aware of the provisions of the Insurance Law on liability insurance, and also know that some property companies do not want to pay compensation at all, because the insurance compensation is only part of the compensation, and the excess part of the property has to be compensated. "But in order to win over the property management company as a customer, whether or not to compensate and how to compensate can only be decided according to the wishes of the property management company." The salesman said.
Filed a property liability insurance claim
Mr. Guo from Qunli Xincheng Community in Harbin
was also helpless
In order to settle the claim, he had to sign a non-liability agreement
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Mr. Guo has a property for marriage, which he renovated a few years ago Never lived. On the afternoon of September 29, 2019, he rushed home after receiving a notice from the community administrator and saw that the sewage from the kitchen sewer line flowed all over the house. Being soaked."Mr. Guo made a rough calculation and found that the loss was more than 30,000 yuan. Insurance company personnel also went to the site to conduct an inspection.
Mr. Guo believed that the water return was directly related to the property company's negligence in clearing the sewer lines. He found the community Property Heilongjiang Provincial Property Company . The property staff told him that the insurance company could pay a one-time compensation of 4,000 yuan, but Mr. Guo had to sign a property-free liability agreement with the property company and no longer pursue property liability before the insurance company could pay the compensation. Mr. Guo believed that the request made by the property company was unreasonable and refused to sign the agreement.
More than two years later, the property company and the insurance company never mentioned compensation. Not long ago, Mr. Guo accidentally learned that the property company purchased the property for the owner. With public liability insurance, regardless of whether the property company is responsible or not, if the owner is damaged, the insurance company will pay compensation. He went to the property company again and asked why the insurance didn't pay first? The property staff insisted:
The property company is under Bank of China Insurance For the public liability insurance purchased by the company's Heilongjiang branch (hereinafter referred to as BOC Insurance), the insurance company required that the property company must sign an agreement not to hold the property company accountable before it can pay the compensation.
Mr. Guo found Pan, a salesperson of BOC Insurance, and Pan admitted that the property company had purchased the insurance Property liability insurance:
"We believe that the property management company is responsible for not clearing the sewer line in time, and the sewer water return is within the scope of the claim. After investigation, we believe that your loss is greater than the insurance compensation limit, so we made a claim for the upper limit of 4,000 yuan. "
But at the same time, Pan rejected Mr. Guo's request to "pay the claim directly":
"We did not require the property company and the owner to sign a non-liability agreement. The policy holder is the property company, and the insurance company only responds to them, including The compensation is also paid to them. We have no direct relationship with the owners. "
When Mr. Guo pointed out that the "Insurance Law" has "subrogation recovery" provisions for property liability insurance, and the property company has not settled claims for more than two years, and the owner has the right to recover from the insurance company, Pan replied that he would check the law, and then there was no
Mr. Guo told reporters that a water backflow accident happened again at his home last year. Neither the property company nor the insurance company mentioned insurance claims. So wouldn’t the liability insurance be in vain?
html On December 23, the reporter found BOC Insurance , Manager Ma, who is in charge of claims, told reporters that regarding the water backflow accident at Mr. Guo’s home, they believe that the property company is responsible and is within the scope of the claim:“Our company also wants to pay compensation and is aware of the relevant provisions of the Insurance Law. Our lawyer I thought that payment to a third party required the consent of the policyholder's property company, so I never paid the compensation. "
Manager Ma said that the company will study it again to see how it can pay out the compensation. On February 24, Mr. Guo told reporters that Bank of China Insurance agreed to pay him directly and informed him to write a claim application, and they would notify the property company to fulfill it within a week. If the claims procedures are not fulfilled, the insurance company can pay directly through "subrogation recovery".
html On March 2, Mr. Guo told reporters that in the afternoon he had received 4,000 yuan in insurance compensation from Bank of China Insurance. (The pictures in this article are all by the recipient. Provided by the interviewer)Lawyer’s opinion
Property liability insurance should not become a “combustion aid” for intensifying conflicts between property companies and owners
Sun Wei, director of Longjiang Chengqi Law Firm
From Ms. Yang’s case, we can see that the insurance company refused to compensate The compensation is paid directly to the owner, resulting in long-term illegal occupation compensation by the property company. The advantage of timely and alternative advance payment to the victim is completely lost , and it also breeds the soil for the property company to infringe on the owner's rights and interests;
In the second case, the property company What's more, they take advantage of the fact that the insured can directly receive the insurance money to coerce the property owner to give up the insurance compensation that should be borne by the property company. The damaged owner's rights and interests are not fully protected by the insurance; in order not to offend the property owner, the insurance company The company, a major insurance customer with the right to insure the property, refused to pay the owner even though it knew that the victim had the right to make a direct claim.
It can be seen from two cases that reflect different problems that the intervention of insurance has actually aggravated the conflicts between the two parties of property services and the losses of the owners due to the improper behavior of individual property companies and insurance companies. The reason is that in order to shirk their liability for compensation, property management companies try to use insurance companies to restrict owners from settling claims on their own, forcing owners to give up their right to pursue liability in order to receive insurance compensation. In this case, the insurance company should play a leading role, settle claims quickly in accordance with laws and regulations, and inform the owner of the rights and interests of the third party with liability insurance. Only in this way can liability insurance truly fulfill its functions of quickly settling claims, reducing losses, and resolving conflicts. As for loss compensation beyond the owner's insurance, the owner can further negotiate with the property company or resolve it through legal channels.
Li Bin, lawyer at Beijing Zhonggao Sachs Law Firm
Property liability insurance, as the name suggests, is an insurance policy in which the insurance company "compensates" to the owner on behalf of the property company within the scope of the insurance amount when the property management company is responsible for compensation to the owner. If property liability insurance is operated in a standardized manner, it will generally play a positive role in resolving conflicts between property companies and owners and allowing owners to obtain compensation in a timely manner. However, because the insurance amount of the property liability insurance purchased by the property management company is relatively low or there is exemption or proportional compensation in the property liability insurance, when the property management company is unwilling to bear the liability for compensation other than the compensation from the insurance company, the insurance company will be "pulled in" The conflict between the property management company and the owner has resulted in a three-party wrangling situation.
In addition, in the event that the owner is damaged, the insurance company must not only bear the insurance liability as agreed, but also insist on compensation in accordance with the law and explain the situation to the owner. The insurance company cannot compensate the property company in advance if the property company fails to compensate the owner, which will make the property company unjustly benefited; it cannot also compensate the property company when the owner's loss exceeds the insured amount, or the insurance company only bears part of the owner's loss. , refuse or fail to inform the owner of the right to obtain compensation from the insurance company first.
Produced by the New Media Editorial Department of China Consumer News
Source/China Consumer News·China Consumer Network Reporter/Liu Chuanjiang
Editor/Pei Ying
Producer/He Yongpeng Ren Zhenyu
