Ms. Zou is the insurance agent of Ping An . After joining the company, Ms. Zou wanted to purchase insurance for her husband Mr. Du, so she asked Liu, who was training her, to help select and recommend products.
Liu recommended Ping Anfu and Million Renwoxing at that time.
In April 2018, Ms. Zou insured her husband Ping Anfu Insurance product portfolio.
Among them, Ping Anfu main insurance coverage is 210,000 yuan, critical illness coverage is 190,000 yuan, and long-term accidents are 300,000 yuan, Ping Anfu tumors are 190,000 yuan, and one-year accident medical treatment is 300,000 yuan, and annual premium is 7,697.29 yuan.
million Renwo Bank's insurance amount is 50,000 yuan, hospitalization allowance is 100 yuan per day, and annual premium is 1,859 yuan. The insurance stipulates that 20 times the insurance amount of the insurance for accidental death or full disability claims for self-driving is 1 million.
When taking out insurance, Ms. Zou also asked Liu that her husband, Mr. Du, is a truck driver, could she buy this insurance? Liu instructed Ms. Zou to write Mr. Du's career as a supermarket manager, and said that this was to save money.
In March 2020, Mr. Du was in a car accident while driving a company truck to transport goods. After treatment failed, the treatment cost 3,554.85 yuan.
This case was in news at that time.
On May 12, 2020, Mr. Du's family canceled her household registration, and Ms. Zou then applied for a claim from Ping An.
htmlOn June 17, after Ping An accounting, the claim conclusion was made, and paid a total of 292,415.52 yuan.
Among them, Ping Anfu should pay 157,500 yuan, additional long-term accident compensation of 131,460.67 yuan, accident medical compensation of 3454.85 yuan (3554.85-100, of which 100 yuan is the accident medical deductible).
million Ren Wo Bank terminated the contract, and no claims were paid or refunded. The reason is that The insured Mr. Du’s occupational category does not meet the insurance requirements, which is a deliberate concealment of notification.
Ms. Zou certainly disagreed, so she sued Ping An in court, and demanded compensation of RMB 1,813,454.85 .
of Ping Anfu 210,000, plus long-term accident 600,000 (including 300,000 basic responsibility, 300,000 accidental death in self-driving), accidental medical 3454.85 yuan.
ping an additional long-term accident clause on self-driving death
million Ren We Bank claims 1 million . Due to the insurance liability, there is an agreement on self-driving accident death, the basic insurance amount of 50,000 yuan is 20 times.
ping millions of Renwoxing’s clause on accidental death in self-driving
How did the court finally make the judgment?
The judgment is very long, and there are several controversies in the summary:
1, whether the company's vehicle driven by Mr. Du is a self-driving car, and whether the exemption of liability for the insurance contract has been made clear prompts.
2, . Is it reasonable to terminate the insurance contract of Renwo Bank of Million?
The court quoted article is very long, and I try to explain it in the shortest text.
First dispute: Although the insurance contract provides a reminder for "personal non-operating vehicles", there is no bold reminder for the footnote part of the definition of "personal non-operating vehicles".
and the recording of the return call provided by Ping An was April 1, 2018, and the printing time of the contract was April 3, 2018. Therefore, unless Ping An can submit evidence to prove that Mr. Du had made sufficient reminders on disclaimer clause before taking out insurance, the clause that exempted liability will be invalid.
Article 2 Dispute:
The insurance contract takes effect on April 1, 2018, and Ping An Company terminates the contract on June 17, 2020.
Article 16 of the Insurance Law stipulates that it will be eliminated if it fails to exercise it for more than thirty days from the date when the insurer knows that there is a reason for termination. If the insurer is not allowed to terminate the contract if the contract is established for more than two years from the date of the establishment of ; if an insurance accident occurs, the insurer shall bear the liability for compensation or payment of the insurance premium.
When the contract was signed, the salesperson, that is, Ms. Zou himself and the training teacher Liu, knew Mr. Du's career situation, and it was regarded as Ping An Company that also understood Mr. Du's career situation. Ping An Company did not terminate the contract within the validity period, so the right to terminate the contract contract was eliminated.
In the end, the court ruled that Ping An Insurance Company should pay compensation of Ms. Zou and her family members RMB 1,813,454.85.
The first instance of the case was October 28, 2021 (case number: Xiang0426 Minchu No. 1520), and the second instance was March 6, 2022 (case number: Xiang04 Minzhong No. 3586), and the original judgment was upheld in the second instance.
can be seen that in this case, Ping An Insurance was rubbed on the ground by the court, and all the requests submitted were rejected.
There is another background in this case. I think this background is the reason for this judgment. The deceased is a post-90s generation and has three children.
A pillar with an old man on the top and a small man on the bottom is a huge blow to this family, and it can even be said to be a landslide and cracks. The second trial result of
has been two years since the accident occurred. As a family member, I don’t know how to live the past two years.
But in my opinion, this case is a choice between love and law, and this time the law is on the side of love.
. There are still certain variables to whether Ms. Zou and her family can successfully receive 1.8 million in compensation.
Because although the second trial is the final judgment, the amount is too large, Ping An may still file a retrial.
If you have to retrial, there can still be a new appeal to points in this case. But for the sake of love, I don’t want to retrial, so I will no longer mention effective appeal points here.
This money is also a comfort to the family members who have lost their loved ones. If the money is gone, then they really don’t know how to live their lives.
But the above is just to discuss this issue from the perspective of the bystanders. After all, the money has not come out of our pockets. We don’t know whether Ping An will eventually file a retrial. Even if it is retrial, I really hope that the court can choose love in the choice of love and law!
The thinking left to us in this case is whether when law and circumstances face a dilemma, should we maintain the dignity of the rule of law from the perspective of law, or take care of the actual situation of the parties involved? This case gives us the best example.
I hope that this case is a big drama co-directed by several parties. The ultimate purpose of acting is to make this claim reasonable and legal, without losing the essence and warmth of insurance.
What do you think?
Copyright reminder: This article is exclusively compiled and compiled by Hu Shuobao. Reprinting of
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