(2018) change 01 civilian eventually 194
[the judgment is regular]Carriage driver of money of customer of road of formulary management sex must be obtained from job seniority certificate " road is carried from course of study personnel administration sets " and " road freightage and station field management set " be not law and administrative regulations, cannot applicable " top people court about applicable the explanation of a certain number of problems (2) " the 10th regulation " the underwriter prohibits law, administrative regulations mediumly the gender sets what case regards insurance contract as disclaimer to avoid duty main content, after the underwriter makes clew to this clause, policy-holder, insurant or beneficiary beneficiary did not fulfill clear specification with the underwriter this provision advocates for obligation not of become effective, people court does not grant to support " . Insurance company ought to carriage driver of money of customer of quote proof road does not have what belong to insurance contract agreement from job seniority certificate to avoid duty main content and all already arrived to show obligation clearly to this.
[juridical case]Party message
Appellant (first trial the accused) : Branch of city of Chongqing of Inc. of insurance of Chinese people property, white road of dark blue of the area in change of city of abode ground Chongqing 40, unite 91500000902883690B of social credence code.
Chief: Long Baoyong, general manager.
Entrust litigant agent: Tu Jun, solicitor of office of Chongqing Shangrun's attorney.
Appellee (first trial accuser) : ? ?986 of school of of school of Tai cook over a slow fire year will be born on October 27, the Han nationality, stay in Chongqing city road of Gong Feng of change north area 9 initiate 10 bounds 2-21-3, citizen identity number 500105198610271513.
Cognizance course
Branch of city of Chongqing of Inc. of insurance of property of appellant China people (branch of Chongqing of insurance of property of the following abbreviation) because with appellee Liu Tian goes insurance issue one case, refuse to obey court of people of division of north of Chongqing city river (2017) change 0105 civilian first 12811 civil judgments, mention to this academy appeal. This academy on January 10, 2018 after put on record, comprised collegiate bench to undertake cognizance to this case lawfully. Branch of Chongqing of appellant property insurance entrusts litigant agent travel of Liu Tian of Tu Jun, appellee all joins suit to front courtyard. This case already was tried now terminative.
Appeal of branch of property insurance Chongqing requests: Cancel first instance adjudicates, lawfully change the original sentence, 2 careful legal cost are assumed all right by Liu Tian. Fact and reason: The freight of guest of management sex road that Liu Tian did not obtain all right is defeated by a driver from job seniority card (the following abbreviation from job seniority card) department law makes clear a regulation, of branch of Chongqing of insurance of first instance cognizance property " clauses " check book limits cannot hold water without clear specification. First instance ought not to be not obtained the causal requirement from job seniority card to apply to disclaimer all right. Branch of property insurance Chongqing all had arrived to show obligation to disclaimer.
Argue of Liu day travel says, if beforehand knows not to belong to manage compensate limits, do not buy insurance for certain. Branch of property insurance Chongqing offers cast in keeping a data, have without the requirement from job seniority card, did not show the range of relevant certificate clearly. Him hold driver's license, have drive the qualification of van. Never had seen the disclaimer that branch of property insurance Chongqing advocates.
Liu Tian sues a request to court of first instance all right: Sentence branch of Chongqing of your property insurance to pay car upkeep 25081 yuan.
Court of first instance holds a fact: On May 31, 2016, limited company of sale of car of hair of policy-holder Chongqing state fills in " motor vehicle commerce is safe / insurance application of compulsory insurance of liability of accident of motor vehicle traffic " (the following abbreviation " insurance application " ) , what be LZZ1BDDC6FE548414 for engine order is commercial van is cast to branch of property insurance Chongqing protect include a place difficult of access of responsibility of a third party inside motor vehicle commerce is safe. " insurance application " " policy-holder statement content " the part carries bright " the underwriter already introduced in detail to oneself and offerred insure to plant an applicable clause, right absolve underwriter liability clause among them (include but not responsibility of be confined to is absolved, franchise and franchise, policy-holder is sure processing of compulsory, compensation, current provision) , and cost pays to read the content with extraordinary agreement and legal consequence to make clear specification to oneself in this contract, he understand adequately already and accept afore-mentioned content, agree to serve as with this conclude the basis of insurance contract, oneself are cast of one's own accord protect afore-mentioned danger to plant " , send a car to sell limited company to build seal by Chongqing state. With day, branch of property insurance Chongqing is issued " insurance policy of insurance of motor vehicle business " carry bright, insurant goes for Liu Tian, PDAA201650010000217546 of insurance policy date, insurance car uses property to use a car to do business, mill plate type is a person of extraordinary powers fertile ZZ2047CCYE3425D145, frame date is LZZ1BDDC6FE548414, accept insurance danger is planted include not plan danger of responsibility of a third party that avoid compensate, insurance premium is 3178.94 yuan, insurance amount / liability limit is 500 thousand yuan, it is between insurance period on May 31, 2016 14 when case to on May 31, 2017 24 when stop. Branch of property insurance Chongqing sells limited company service to car of hair of policy-holder Chongqing state guarantee slip, clauses, avoid duty item manual each one. With day, liu Tian pays insurance premium 3178.94 yuan all right. " motor vehicle is integrated commercial clauses " (the following abbreviation " clauses " ) carry bright, a third party in this contract is to because be sure,point to contingency of motor vehicle happening suffers person casualties or belongings losing person, but do not include to be sure motor vehicle the personnel on this car vehicle, insurant. Responsibility avoids the regulation in the clause, drive rental motor vehicle or commercial motor vehicle carries the licence book that management department nucleus sends or other and necessary certificate without traffic, insurance company is not in charge of compensating for. On May 12, 2017, traffic of substation of area of north of river of Chongqing city public security bureau patrols constabulary detachment is made " road transportation accident holds a book " (simple and easy program) carry bright, on May 6, 2017 17 when 13 minutes, liu Tian drives all right plate number is van of type of bar of light-duty storehouse of × of × of × of × of change D × , travel stands to light course of 5 lis of inn when offset road, because Tian Yulu slips and the operation is undeserved after sending car, sneak away, the small-sized passenger car that number of the small-sized passenger car that is × of × of × of × of change C × in the car brand with left road with park, plate is × of × of × of × of change A × happens brush hang, cause damage of two small-sized passenger cars, liu Tian bears full responsibility to the accident all right. After accident happening, the damage car upkeep that Liu Tian pays plate number to be × of × of × of × of × of A of × of × of × of × of change C × , change all right adds up to 24781 yuan. Produce insurance postaccident, liu Tian goes to branch of property insurance Chongqing to apply for manage compensate, branch of property insurance Chongqing with " clauses " the 24th the 2nd (6) " drive rental motor vehicle or commercial of the licence book that motor vehicle sends without nucleus of traffic carriage management department or other and necessary certificate, insurance company is not in charge of compensating for " for reject compensate to pay insurance gold. Additional find out, liu Tian obtains the motor vehicle driver's license that drives a model to be C1 definitely all right, the Liu Tian when accident happening did not acquire driver of freightage of management sex road all right from job seniority card. Afore-mentioned facts, " insurance policy of insurance of motor vehicle business " , " insurance application " , bill, " traffic accident holds a book " , bill of motor vehicle driver's license, car upkeep, " data sign after receiving sth is odd related insurance contract " , " agreement of complement of commercial safety motor-car " , " clauses " , and via pledging on the court card, enough is maintained.
Court of first instance thinks:
Court of first instance thinks, the contract that establishs lawfully, have legal sanction to party, party ought to fulfil his obligation according to the agreement. Limited company of sale of car of Chongqing state hair and branch of property insurance Chongqing sign " insurance policy of insurance of motor vehicle business " , " insurance application " true meaning expresses department both sides, content of not lawbreaking, code prohibit sexual regulation, lawful and effective, the insurance contract between both sides holds water and become effective. Focus of first instance controversy depends on, whether did branch of property insurance Chongqing all arrive to show obligation to disclaimer. Court of first instance thinks, above all, underwriter view is commercial motor vehicle driver is obtained fasten from job seniority card " road is carried from course of study personnel administration sets " compulsive requirement, law, administrative regulations medium mandatory stipulate case regards insurance contract as disclaimer avoid duty main content, after the underwriter makes clew to this clause can. To this, court of first instance thinks, " top people court about applicable the explanation of a certain number of problems (2) " the 10th regulation " the underwriter prohibits law, administrative regulations mediumly the gender stipulates case regards insurance contract as disclaimer avoid duty main content, after the underwriter makes clew to this clause, policy-holder, insurant or beneficiary beneficiary did not fulfill clear specification with the underwriter this provision advocates for obligation not of become effective, people court does not grant to support. " " road is carried from course of study personnel administration sets " be not law and code property code, goods carriage driver obtains guest of management sex road to also be not from job seniority card " road is carried from course of study personnel administration sets " prohibit mediumly the gender sets condition, branch of Chongqing of insurance of reason underwriter property still answers the provision that avoids underwriter responsibility to use up demonstrative obligation; Next, the underwriter fulfilled clear specification obligation to bear quote responsibility to its, branch of property insurance Chongqing is lifted show " clauses " in not clear specification drives commercial the licence book that the liaison man that motor vehicle should have carries management department nucleus to send or other and necessary certificate are why to be planted certificate, the limits of check book did not explain clearly. Although Liu Tian goes when insurance accident happens,did not obtain from job seniority card, but from job seniority card it is the basic assessment that carries the quality of specific post profession that is engaged in from place of personnel of course of study with respect to road only, whether to obtain what do not affect a driver from job seniority card to drive ability, branch of property insurance Chongqing did not lift those who show evidence to prove insurance accident to happen to was not obtained all right with Liu Tian have from job seniority card causal, the relevant certificate that Liu Tian goes to did not obtain traffic to carry management department nucleus to send and go up travel, ought to undertake condemnatory by concerned service. On put together, the contradictory reason of branch of property insurance Chongqing, court of first instance does not grant to adopt, during insurance accident happens in insurance inside, branch of property insurance Chongqing ought to compensate pays Liu Tian travel car upkeep 24781 yuan, to exceeding litigant request of the part, court of first instance does not grant to support. According to " contract law of People's Republic of China " thirtieth 9, " law of insurance of People's Republic of China " the seventeenth, " top people court about applicable the explanation of a certain number of problems (2) " the 10th, thirteenth the first " code of civil law of People's Republic of China " the 142nd regulation, court decision: One, branch of city of Chongqing of Inc. of insurance of property of people of the accused China has prosecutor of the 10 compensation inside day at adjudicating the day of become effective originally Liu Tian is sure all right gold 24781 yuan; 2, the other suit request that rejects travel of accuser Liu day. The case accepts cost halve collection 213.51 yuan, by burden of branch of city of Chongqing of Inc. of insurance of property of people of the accused China.
2 careful find out this academy fact and court of first instance find out a fact to agree.
2 careful court thinks:
This academy thinks, because belongings is safe Chongqing branch is adduce, carriage driver of money of customer of road of formulary management sex must be obtained from job seniority certificate " road is carried from course of study personnel administration sets " and " road freightage and station field management set " be not law and administrative regulations, this case cannot applicable " top people court about applicable the explanation of a certain number of problems (2) " the 10th regulation " the underwriter prohibits law, administrative regulations mediumly the gender sets what case regards insurance contract as disclaimer to avoid duty main content, after the underwriter makes clew to this clause, policy-holder, insurant or beneficiary beneficiary did not fulfill clear specification with the underwriter this provision advocates for obligation not of become effective, people court does not grant to support " . Branch of property insurance Chongqing ought to carriage driver of money of customer of quote proof road does not have what belong to insurance contract agreement from job seniority certificate to avoid duty main content and all already arrived to show obligation clearly to this. And branch of property insurance Chongqing was not lifted in this case show sufficient evidence to prove " clauses " in of the agreement " the licence book that nucleus of traffic carriage management department sends or other and necessary certificate " include freight of guest of management sex road clearly to be defeated by a driver from job seniority card, also did not prove to all arrive to show obligation clearly to this. Accordingly, branch of property insurance Chongqing ought to assume quote incapable adverse consequence.
The place on put together is narrated, the appeal of branch of property insurance Chongqing requests to cannot hold water, should grant to reject. First instance adjudicates cognizance fact is clear, applicable law is correct, should grant to maintain. According to " code of civil law of People's Republic of China " the 170th the first the first regulation, the court decision is as follows:
Reject appeal, maintain original judgement.
2 careful case accepts fee 427.02 yuan, by burden of branch of city of Chongqing of Inc. of insurance of property of appellant China people.
This court decision is final judgment to adjudicate.
Presiding judge: Wang Qian
Judge: Xiang Chuan
Judge: Zhang Xingdong
2 O 18 years on April 24
Clerk: Wen Yuan
