Abstract: the final trial of the court holds that the insurance clause should be adjusted according to the "no responsibility and indemnity" of the new law, and the insurance company should carry out "no liability payment" according to the new law, or the insurance clause after the insurance company compensable 100 thousand yuan new exchange law.
the court concluded that the insurance clause should be adjusted according to the new law "no liability pay", and the insurance company was awarded 100 thousand yuan
.After the implementation of the new law of
,Nordstrom Rack Outlet, the insurance company should carry out "no liability payment" according to the new law,Designer Clothing, or have been arguing all the time on the basis of the insurance clause.   
a day ago, in the case of the Shijingshan branch of Da Ya Pear catering company (hereinafter referred to as the Da duck pear) suing, a central court final judgment: the insurance company should compensate for the 100 thousand yuan of the pear in the third party liability insurance limit.
For the first time in the
,david jones online store, the insurance company, as the provider of the form contract, should adjust the provisions of the insurance contract to meet the requirements of the law before the new traffic safety law (implemented in May 1, 2004) and the entry into force.
"minor liability vehicles" pay 110 thousand
last March 26th, "Da Ya Pear" insured the Shijingshan branch for a golden cup passenger car, and signed the insurance policy: the liability limit of third party liability insurance for motor vehicles was 100 thousand yuan, and the vehicle loss insurance was 85 thousand yuan. In June 20th of the same year, the gold cup passenger car hit and killed a man riding a tricycle.
confirmed by the traffic control department that the driver Wang has a secondary responsibility, and Lee takes the main responsibility. Afterwards, the "big pear" paid a total of over 5 yuan for Li's rescue, medical expenses and funeral expenses. After mediation, the family members were paid 66 thousand yuan to settle the case.
insurance company adheres to "liability reimbursement"
after the payment of "Da Ya Pear", the management department made the "road traffic accident damage compensation conciliation statement". According to this, the "Da Ya Pear" required the Shijingshan branch to claim 100 thousand yuan, but the insurance company, with the driver's secondary responsibility, is willing to compensate for more than 4.7 yuan in proportion.
therefore, "big pear" will take the Shijingshan branch of PICC to court. In the trial, the insurance company still insisted on its principle of "responsibility for compensation" and did not agree with excessive compensation.
the court said the terms of insurance conflict with the new cross law
"new exchange law" stipulates: "motor vehicle accidents caused personal injury or property loss, the insurance company shall be compensated within the limits of compulsory insurance liability of the third party liability of motor vehicles."
The
court thus believes that the third party liability insurance is legally mandatory, and the insurance company,belk clothing, as a provider of the format contract, is obliged to adjust the terms of the insurance contract in accordance with the provisions of the traffic safety law to meet the implementation of the new law.
also said in the judgment, the premise of the insurance contract for the third party liability insurance is "s