Drunk driving into torture or into insurance enterprises exemption pursuant

Economic review reporter Yu Chuan of the amendment to the criminal law on "drunk driving into criminal" provisions, upgrading the legal nature of drunk driving as criminal acts, and greatly enhanced its penalties. The industry believes that, "drunk driving into torture" help reduce strong insurance payment rate, easing current strong insurance industry crisis situation. However, on the other hand, the insurance company will not pay for the insured's own crimes, "drunk driving into torture" was identified as the deliberate manufacturing of insurance accident after Act explicitly does not cover the responsibility of insurance companies. Recommended reading insurance weekly: variable amount annuity pilot started Beijing Shanghai five city first wins insurance enterprises violations promotions penalty 500,000 insurance ring "Wang yawei" emerge surface exaggerated income does not to risk silver insurance disputes constantly should first to family "pillar" Shang foot insurance regardless of from lost insurance is zehui Shi Qiming jointly immortal see disk build boutique lecture reduce cross strong insurance lost pay rate "currently domestic of commercial car insurance on drunk driving are is from responsibility of, but cross strong insurance can in responsibility range within for part compensation. The Pacific "(601,099, unit) vehicle insurance, property insurance Shandong branch General Manager Chen Jieming 18th economic Herald journalist said in an interview. The 22nd motor vehicle road accident responsibility compulsory insurance Ordinance provides that drunk driving case "insurers in motor vehicle road accident responsibility compulsory insurance advance rescue expenses within the limits of liability, harm caused by and shall be entitled to recovery", but for causing property losses of victims, the insurance company does not assume liability. The drunk driving case, strong insurance only responsibility for third-party emergency costs of disbursements, other losses does not assume liability, currently mandatory limits of liability insurance is $ 122,000, of which medical expenses compensation limit of only 10,000 yuan. "' Drunk driving into criminal ', penalties for drunk driving behavior greatly enhanced, driving people to drink driving is considered more, which reduce the rate of strong insurance for payment has a great help. "Chen Jieming said. A long time, the strong insurance claim rates are high, even brought a strong insurance industry crisis. Relevant statistics show, 2009 business in strong insurance 30 insurance companies, 23 companies losses insured industry overall losses of up to $ 5.3 billion, after deduction of investment income of $ 2.4 billion, the actual operating loss amounted to $ 2.9 billion. Strong risk embarrassing situation currently facing is: high payment rate on the one hand, and on the insured rate is too low and cause the risk cannot be assessed. According to statistics released by China insurance industry association, 2009 strong motor vehicle insurance underwriting a total 85.02 million vehicles, insurance rate of 46%. Herald reporter learned that, since the March 1 last year, Ministry of public security and insurance requirements gradually alcohol driving offences and stronger insurance rates contact floating system, drunk driving strong floats on the insurance premium rate up to 60%. "Drunk driving into torture" upgrading the legal nature of drunk driving as criminal acts, Chen Jieming told the Herald reporter, "insurance products will not provide insurance protection for their crime of the insured risk. "Disclaimer well according to the China life insurance customer service Department of Shandong province branch General Manager Li Yajun told the Herald reporter, according to the exclusion of liability clause, in the case of drinking and drunk driving people caused the third-party personal, property and vehicle losses, the current domestic commercial insurance shall not bear liability. Herald reporter learned that, while drunk driving is one of the business of insurance exemption of liability clauses, but in judicial practice, the courts tend to business risks "exemption clause is not valid" to judgment against the insurance company. Last June, the country's first case "sentenced the drunk driving accident insurance claims" Economic Court and Jinan City intermediate people's Court judgment at the Hai Nan Shi Huai cases insurance companies cannot escape a drunk driving accident. Jinan Huai is maintained in the courts of first instance, a decree of insurance companies to pay victims compensation of $ 58,000, this goes beyond the strong risk should bear the responsibility, although insurance companies just "compensation", you can also continue recourse to drunk driving drivers according to the law. Ping an property Shandong branch in charge of Justice Liu Yan-Qing believed that this amendment to the criminal law (VIII) relating to "drunk driving into criminal" provisions for exemption from liability in some cases insurance companies to provide a more adequate basis. Liu Yanqing pointed out that, under criminal law amendment (eight) under and the judicial explained of provisions: drunk driving is not caused damage consequences or damage consequences more light, by dangerous driving crime penalized as; if occurs serious damage consequences, may while constitute dangerous driving crime, and traffic accident crime or to dangerous method harm public security crime, optional a heavy Department; if behavior people drunk Hou and has Chase competition drove, and no card driving or driving does not qualified vehicles, behavior, caused traffic accident of, may was finds for to dangerous method harm public security crime, from insurance contract angle,, this is deliberately manufacturing insurance accident. Under the Insurance Act, the 27th 2nd paragraph: "the applicant, the insured's intentional manufacture of insurance accident, the insurer has the right to rescind the contract, does not assume responsibility for compensation or pay insurance benefits. "Li Yajun told the Herald reporter, if you reach the" drunk driving into torture ", pursuant to exemption clauses" in the use of motor vehicles to be insured in illegal activities "can be refused for payment.