129771823094624810_66Judicial interpretation of the Supreme Law for the second day fire in two, and to the public in the community seek to modify views, the sword that cases of insurance disputes. The morning of March 22, Supreme People's Court promulgated the draft interpretation on the application of feedback as of April 20. A day earlier, the highest law announced the trial of road traffic accident damages case lawInterpretation of the legal issues, feedback as of April 21. Supreme said on its official Web site, People's Republic of China since the introduction of Insurance Act revised on October 1, 2009, has accumulated a wealth of experience to the people's Court trial of insurance disputes, faced many complex and difficult issues. In order to ensure the correct application of people's Court in the trial of theInsurance Act, uniform magistrates, the Supreme People's Court drafted opinions, contract General provisions of chapter section of the Insurance Act to judicial interpretation.����General policy holders ' rights are protected at the same time, insurance companies has said that pay pressures, or influence the cost and profitability. In this regard, scholars also hold different views within the industry. Scholar opinions will be great shadowExisting insurance and insurance markets, insurance research centre Director Professor Wang Xujin that of Beijing technology and business University
tera gold, supreme judicial interpretation of the law is not to introduce new insurance law, but rather the interpretation of existing provisions, and will not have a significant impact on the insurance market, but at the same time he said the commercial is the insurance contract of the insurance should comply with the provisions of the conventions. Increased drunk driving for payment draftOne of the most remarkable is that "any of the following circumstances result in personal injury, from insurance companies within the scope of compulsory third party liability insurance for motor vehicles liability compensation: drivers fail to achieve qualification
tera gold, drunk driving, drugs and abuse of narcotic drugs or psychotropic substances of driving a motor vehicle after a traffic accident; intentional traffic accidents the insured. "DrunkDriving and drug driving injuries, insurance companies only need to take before you advance rescue expenses not to exceed $ 10,000.����And now clearly in the judicial interpretation of the new publication, insurance companies have to pay the maximum amount may reach high risk liability limit, which is $ 122,000. But the so-called compensation does not mean that people should drink drivers wound by the insurance company pays, in disguiseEncourage alcohol driving behavior.����But after insurance companies in compensation for accident victims, rights to the insured, that is, recovery drink drivers drivers, ultimate responsibility, it is illegal to drive drivers.����In addition, judicial interpretation of the Supreme Law is only for high risk, other commercial car insurance for drink drivers, drug addicts and driving without a license of accident still caused is not compensable. At the same time, viewsIn the draft also provided for the motor vehicle accident compensation for rights holders of the prosecution, court the compensation obligation and should be strong underwriting insurance insurance companies listed as co-defendants. Introduction of Guangzhou Fu Song Zhenhua law firm lawyers, court trial mode is now, traffic accident cases involving compulsory third party liability insurance, at the civil court proceedings; motor vehicles insured commercial third party liabilityInsurance, commercial Tribunal hearing.����Draft a clear underwriting business insurance of third party liability insurance subsidiaries listed as co-defendants, the terms across two different legal relationships, to more fully protect the right to obtain financial compensation for victims, at the same time reducing the party's tired of action. Again, opinions will be accidents caused by vehicles maintenance costs, the goodsLoss costs, vehicle rescue, are explicitly included in the scope of compensation
tera power leveling, this undoubtedly widened the scope of the insurance company for payment. "Draft provisions for compensation for drunk driving insurance company, then you can recover your insurer, but the key question is, compensation insurance company can recover after a successful, if the insured has the ability to compensate. If the escape of the insured orAccident insurance company to whom recourse? In this issue, the risks of insurance companies how to solve?����"Shenzhen casualty company claims departments believed that pressure brought to the insurance company for payment. In response, Wang Xujin said, "the so-called risk for insurance companies is not a problem, is the security risk of insurance companies, already has these risks byActuarial in included in the premium, if the insurance company's loss, but its price is designed to issue, he can increase premiums.����"Policyholders ' rights enhance the draft terms for the second, property and casualty insurance interests, including interests and responsibilities of existing interests, looking forward to legal recognition of the interests of interest. "Responsibility and expect interests on insurance companiesVery bad, how to lose is very clear is that the Court has the final say in the future. In addition, responsibilities, expectations of interest itself is a very fuzzy not sure things of interest.����"One of the insurance companies by the Ministry said. Draft b also require complete underwriting insurance companies if there is no reasonable period and notify the applicant, you are deemed to agree to underwrite. "The problem is that a reasonable period,During this? Later court disputes with each case to provide "a reasonable period?����The members of the Ministry of Justice said. In the applicant's view on this practice does have problems, because if the insurance companies work to delay, will make the insurance benefits cover insured in the vacuum State and thus seriously damage the interests of policy holders. "Reasonable time reference to the insurance industry and the type of insurance aLike a period.����"Song Zhenhua lawyer said.����Draft II, or its agents on behalf of the insurer the insured sign it, except the insured outside ratified, insurance contracts not entered into force. In reality, insurance agents to help some older or bother completing the policy holders of insurance policies, and finally signed by the insured on the line. "If this problem occurs, the burden of proof is the insured�� That applicant can provide evidence of insurance agent fraud, coercion or negative consequences borne by the policyholders.����"Hao Yansu says Dean, zhongyangcaijingdaxue insurance. Opinions clearly, insurer on insurance contracts on exemption clauses in insurance and other insurance documents in prominent positions in words or symbols such as clearly marked enough to cause a castingNote prompts an insurer, the people's Court may Disclaimer hint is found in fulfilling its obligations.����But insurance companies expressly stated on the fulfilment of the obligation to bear the burden of proof. Song Zhenhua lawyers told reporters that the exemption clauses, insurance companies to policyholders to tip, you want to make it clear, and the insurance companies to bear the burden of proof, the clear protection of the articles are usually in the proceedings are inVulnerable position of the insured. A Chief industry analyst said the draft was still in the consultation phase, not finally accepted, effect for insurance companies is subject to time to verify. "Drink drivers insurance company for payment the amount rose from 10,000 to 120,002, our digital models are needed for accurate measurement in order to confirm the specific impacts on casualty company�� "And this corresponds to the 22nd three insurance stocks also fell slightly in the morning and afternoon flows, except for China Pacific, China life insurance and ping an all green to red, slightly up and 0.24%, respectively.
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