10/17/2008
Fourth - - responsibility duty car insurance Uygur rights and interests series
The organization five lunar month with thirty days warehouse vein to make public multi-organizations simultaneously recommend the ultra cow reported confidentially: Under who snatched the bounce bulk lots to fall suddenly who to go against the flow? the fulfillment duty is obtains the insurance payment premise the nation insurance warm prompt: In the insurance clause, some part needs the policy holder to pay attention especially, that is the duty which the policy holder should to do. Otherwise perhaps carelessly, you because some definitely might avoid beforehand the mistake will cause oneself benefit to suffer injury. case: Mr. Zhang just for 2 Sangtana passenger vehicles which bought newly had bought the insurance recently, but was the second-hand vehicle after all, opened always thinks does not satisfy a craving, to seek a better performance and exercise the speed, he has carried on the vehicles chassis the re-equipping. Then performance, speed big promotion. But the speed was too quick the danger coefficient to be big, in one time exercised in high speed the process, has run upon the high speed road guard rail as a result of vehicles own reason. Mr. Zhang sues for damages to the Insurance company, but Insurance company after investigation evidence collection, made the part to exempt compensates processing. analysis: how can the insured guarantee that own rights and interests obtain the full safeguard, after escaping from danger obtains the prompt full amount the compensation? The general vehicle owners during the request Insurance company fulfill each pledge, also needs to be clear about itself the question which should pay attention in the insurance process, but these questions will often become the Insurance company to make the part to the individual case to exempt compensate or the claims rejected processing decision primary cause. According to "Motor vehicle Insurance clause" the stipulation, the policy holder, the insured must fulfill to the Insurance company inform the matter of strategy truthfully the duty. In this case, Mr. Zhang after purchase insurance, permits without the Insurance company, re-equips the vehicles arbitrarily, this was insures vehicles' safety performance to have the change, while caused the Insurance company to insure which the risk increased correspondingly, also gave insures on the vehicles, the vehicle owner and the road the pedestrian increased the danger. Moreover in the provision explicitly has also stipulated: “in the safe period, because after the safe vehicles re-equip, the addition, the change use, causes the degree of hazard to increase, must inform the Insurance company promptly and handle revises, increases the insurance premium procedure.” question essence: Mr. Zhang re-equips the chassis not to inform the Insurance company secretly, also the fulfillment truthfully has not informed duty, therefore, the Insurance company exempts compensates or the claims rejected decision is reasonable. Mr. Zhang erroneous zone: Thought that the insured took out insurance and pays the insurance premium to mean he had already fulfilled all duties, but has neglected the duty which in the insurance deadline the insured other should fulfill. the insurance clause lies in protects the insured and beneficiary's benefit fully, the insurer and the policy holder, the insured both sides has right at the same time also mutually to have the duty mutually. The insurance is one is fastidious about the good faith the domain, requests the policy holder to have the insurance interest to the insurance sign, must consider it truthfully to the insurance item to the insurer, emphasizes the good faith. Similarly, takes the Insurance company also to emphasize the good faith. Both sides only then fulfill respective proper duty earnestly, can obtain the rights and interests full safeguard.
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