129764786884687500_275Fuzhou one patients with depression after returning home from the hospital, after opening the gas valve ignition, explosion, the entire family made a mess. Then, this person falls to death. After the incident, the patient's wife to the family property insurance and the additional risks of an insurance company claims the losses of more than more than 475,000 dollars, being refused. Claims rejected on the grounds that, housing men who deliberately ignited the gas burned houses,Exemption of insurance companies. Later, his wife insurance companies sued in court.
In the trial, both sides argued the fierce: in patients with depression have capacity for civil conduct? its explosion is caused by intentional, negligent? yesterday
tera gold, the trial in the case of Fuzhou, Fuzhou network live broadcast of the Court and the trial process, and invited many NPC deputies and CPPCC National Committee members to participate in the trial. ThingsPlayback slipped back home from the hospital with gas in patients with depression May 19, 2010, Jinshan, Fuzhou Wuyi city, Riverside Avenue, 2nd floor, room exploded. Shortly after the explosion, the room of host a from the falls to death on the 14 floor. Originally, before the man of the House is the ship's first mate, due to suffering from depression, do not work for a long time, was sent to the hospitalTo hospital for medical treatment. But other patients and men who do not want to live in the same Ward, come home, open the gas valve, gas, the entire family burned beyond recognition.
Finally, the men who died falling from a height of more than 10 storeys above. After the incident, the wife of the man she had to underwrite property insurance and the additional risks of an insurance claims losses of more than more than 475,000 dollars, But were refused by the insurance company. The end of 2011, she will insurance companies sued to drum tower Court. Drum tower Court of first instance considered, insurance contracts of legal relationships established between the parties.
During the insurance period, she her husband's behavior is intentional behavior of family members, insurance companies should be exclusion of liability.
She appealed, to the Fuzhou intermediate people's Court of appeal. Trial focus: depressionDo civil capacity? Have a capacity for civil conduct
diablo 3 power leveling, directly related to the insurance company can escape.
So, the two sides argue on this intense. Insurance company, Zhang was with full capacity for civil conduct. Although it suffers from depression, but clear of medical records to a "clear, directional force full exposure to passive, attention is not focused, interactions Shang Qie problem", His consciousness was clear at the time of the incident, State of mind is normal. Stated in the contract of insurance, insured persons and members of their families, the family hired one intentional acts are not compensable, transient personnel.
So-called deliberate acts, is an ordinary person with full capacity to knowingly harm or let the result of behavior. She argues that a behavior is notIs the subjective deliberate acts, it was under the attack of depression in pathological behavior that cannot be controlled, exemption Act should be found for the people of limited capacity for civil acts. Zhang died on fire from the 14 floor after jumping, with its statement before admission to the doctor of "living dull, often thought dead is free" negative psychological factors can also infer aBehavior is under the attack of depression in pathological behavior that cannot be controlled.
So, a spirit of ignition should be due to a patient at the time of onset of illness with limited civil capacity person exemption Act.
Trial focus II: monitoring obligation insurance company exemption is not made to do? Insurance companies said, if one is completely civil capacity person, their behavior is deliberate acts of arson, insuranceCompany disclaimer.
If a is without civil capacity person, she failed as a spouse monitoring responsibilities, which is lax supervision by deliberate acts of indirect. She countered that even her guardianship of alleged negligence by the insurance company liability, due to her on the occurrence of the accident of unpredictable, cannot be avoided, and the fire is not her will, to that end, in accordance with theRelevant provisions of the Insurance Act, only if the policyholder or the insured on intentional acts, insurance companies will not be liable for, so if she's at all guardian negligence, insurance companies should be liable.
Trial focus three: insurance companies have failed obligation of explanation? Insurance companies said the company has fulfilled its obligation of explanation, Madam LauComplete insured single Shi, on "policyholders statement" of "is appeal people has to its more describes has including family property insurance terms under, zainei of insurance terms under and additional insurance of content, special on terms and insured notes in the about responsibility from and policyholders, and is insurer obligations of content do has clear description, agreed insured" of content does not holding objections and signature confirmed of behavior, tableMing was the appellant in underwriting insurance when Disclaimer the appellant made a special note. Ms LAU proposed disclaimer on the cover is in the back of the insurance contract, regardless of whether the exemption relating to the insurance provisions did not increase and red, and insured at that time, the insurance company personnel does not describes the relevant exemption clauses. Therefore, she has not done a detailed explanation andObligation of explanation. When you buy insurance, sales people say, "buy insurance, is to buy peace", said such depression mental illness causing loss of family members, exemption of insurance companies.
At that time, she did not look at. After the end of the trial, expressed their willingness to mediate between the two sides.
����At present, the Fuzhou intermediate people's Court is the mediation case. Online statement Gold: gold online reprint of the above content,Not that confirm the description, for investors ' reference only and does not constitute investment advice. Investor operations accordingly
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