推荐访问:WWW.86148.COM 站内查询:
设为首页 加入收藏 在线留言
 
网站首页 制报道 中国法律篇 财经法规篇 地方法规篇 国际条约篇 案例汇编 法律英文版 法制课堂 会员注册 联系我们 福建法学
 
您现在所在的位置:首页 >>法律英文版>>CLASSICAL LEGAL PRECEDENT >> 文章内容
Simple Personal Insurance Compensation Dispute Cas
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:8095

 

1989.06.13
  SIMPLE PERSONAL INSURANCE COMPENSATION DISPUTE CASE FANG ZEPO VS. HUILAI 
              COUNTY INSURANCE COMPANY             
                                       
Plaintiff: Fang Zepo, male, 24 years of age. Teacher, Donglong Middle School,
Huilai, Guangdong.                              
                                       
defendant: Huilai Branch Insurance Company, People's Insurance company of
China.                                    
                                       
Legal representative: Lin Shuijiang, Manager.                
                                       
Agent: Xie Weiming, deputy chief, Personal Insurance Section, Huilai Branch
Insurance Company.                              
                                       
Agent: Huang Liefeng, Lawyer, Huilai law Firm.                
                                       
The plaintiff Fang Zepo initiated the lawsuit against the defendant Huilai
Branch Insurance Company, People's Insurance Company of China (hereinafter
referred to as the Branch Company) for refusal to pay his father's simple
personal insurance compensation. The Court, by conducting public hearings,
ascertains:                                 
                                       
The plaintiff's father Fang Fengrong was an employee of the Huilai County
Food Products Company before his death. On May 12,1985, Fang Fengrong was
hospitalized because of illness and the case was diagnosed as bladder cancer.
The hospital conducted an operation of partly cutting the bladder and
Transplanting the left ureter on Fang Fengrong and he was discharged from the
hospital after this operation for resuming his work . In August 1986, the
Huilai County Food Products Company persuaded the employees and workers to
apply for the cover of simple personal insurance and explained clearly the
conditions of applying for the cover. Following that, as the Company
contributed 2 yuan for each of its employee, Fang Fengrong contributed 3 yuan
to voluntarily apply for 5 covers of the simple personal insurance. The
currency was 15 years. When the insured lives up to the termination of the
currency or dies because of illness or unexpected accidents, the insurance
company shall pay the insurance money 1,140 yuan RMB. However, the insurance
policy declares that such patients as suffering from cancer may not apply for
the cover. The insurance company issued to Fang Fengrong a simple personal
insurance certificate. On May 8, 1987, Fang Fengrong was hospitalized because
of emergent illness and the case was diagnosed as the upper alimentary canal
hemorrhage  recurring ulcer, the transfer of the bladder cancer after
operation, the urethra infection and the whole body exhaustion. He died on
August 19. Afterwards, the plaintiff apply to the defendant for payment of
the insurance money on the strength of the insurance certificate. The
defendant refused to pay the insurance money except the refunding of the
premium on the ground that the plaintiff concealed his application condition
and applied for the cover with illness, therefore, he was not under the scope
of cover. The plaintiff was not satisfied and initiated the lawsuit before
the Court.                                  
                                       
The above facts is supported by the diagnose of the hospital and the written
evidences of the insurance company and the Food Products Company with
evidences sufficient to be ascertained.                   
                                       
The Huilai County People's Court holds: Although Fang Zepo's father Fang
Fengrong had suffered from the bladder cancer before applying for the cover
of insurance, he resumed his work after the operation. The HUILAI County
Hospital concluded that the cause of Fang Fengrong's death was not only the
transfer of bladder cancer. Therefore, it is inappropriate for the defendant
to claim the invalidity of the insurance contract on the ground that Fang
Fengrong concealed the application conditions when applying for the cover. In
accordance with the provisions of Article 85 and Paragraph II, Article 84 of
the general Principles of Civil Law of the People's Republic of China,
Lawfully e

[1] [2]  下一页


【 字体: 打印本页 | 关闭窗口
 本文的地址是: http://86148.com/onews.asp?id=21385  转载请注明出处!
意见簿 | 联系我们 | 友情链接 | 标志说明 
合作联系:0591-28858502 网站合作联系 本站联系方式不接受法律咨询。
中国法律法规资讯网 版权所有 闽ICP备11010190号  制作:孤岩设计工作室

网络支持:哈唐网络科技有限公司
COPYRIGHT@2001-2018 WWW.86148.COM All RIGHTS RESERVED
www.86148.com www.Law114.cn www.86148.com.cn www.86148.cn