Thursday, June 9, 2011
Pet insurance cover is stre37ing the need to understand insurance ceiling
Not long ago, who lives in Minhang district, Shanghai Wu a week bitten by a Wolf-dog hybrid kept passers-by, Wu a compensation offset medical costs $ 152,000. Although NG an insurance against third party liability insurance for dog injuries, but they apply to the insurance company claims were rejected. So he will sue insurance companies to court. Wu said, its has been issued by Shanghai Municipal Public Security Bureau of rural area of Shanghai City dog license, regular immunization inspection and annual pay management costs, and insurance against third party liability insurance for dog injuries. And insurance companies a Minhang district policy forms, is not specific to each dog's main username; two in Wu an insured, the insurance company has not explained the content of the contract in accordance with the Insurance Act, and were not prompted coverage and exclusions. Recommended reading insurance weekly: increased warehouse investment over 30,000,000,004 months insurance funded deposits moved near billions of cast even insurance May then case Waterloo income differentiation country life cast even insurance success escape top 5 name foreign executives joined China peace Qian May Beijing insurance intermediary was penalty million history with shares mass insurance holding 20% Qiming: shocks city in the how mining Daniel unit insurance company is think, because quasi raising dogs injury people third party responsibility insurance of policyholders and was insurer are is, Minhang district, dogs class management office, Wu a only is beneficiaries, so insurance company no obligations on its description above content. At the same time, Wu does not have the qualification, shall not be entitled to claim under claims, coupled with the insurance limit in the calculation do not belong to the disclaimer, insurance, insurance companies have no need to explain this to Wu. Finally, in the form of mediation the case closed, the insurance company paid for the Wu a part. Construction more than three issues case raises three issues: one is about Wu a subject identity is insured, the insured or a beneficiary? Second, insurance company if they have disclaimers do clearly state obligations? Third, how to define the scope of the exemption clause? His case was pending before the financial Court acting judge of the Court, Minhang district, Xu Yuhua said in an interview with reporters, first, the conclusion of the contract should follow the autonomy of the parties (means the parties to a contract are free to choose to handle contract disputes the applicable principles of law) principle and confirmation of civil subject of insurance contracts, should also be based on agreement between the parties. From the perspective of policy content contained, insured and the insured are dogs Management Office, Wu as a dog owner, their identity as agreed should be the beneficiaries, because of dog Management Office to insurance to improve the quality of public services it provides, so you can view their insurance when the accident occurred, has an insurable interest on the subject. Second, the insurance company in court to defend is not unreasonable. Pursuant to the provisions of the insurance, insurer Disclaimer perform object only of clear obligations to policyholders, in the present case in the legal relationships involved, Wu an identity as the beneficiary, so insurance companies do not need to explain to their relevant articles, insurance companies as long as there is evidence that its insurance clauses have been delivered to the Management Office and explain to their dogs contract content. Thirdly, the existing legal exemption clause is not clearly defined, but Tong said that in the judicial practice considered, including disability pay table terms of exemption from liability of the insurer, as a disclaimer, but coverage is not one of exemption clauses. Insurance note "three issues" in fact, raised above on the crux of the dispute very much should be attributed to the problems of pet insurance product itself. "In the case of dog hurt third party liability insurance is managed by the dog's Office with a copy of the insurance contract, on the area of dog farmers provides insurance protection, the nature should be defined in terms of group insurance. But because our law does not make systematic provision for group insurance, there are many problems in the practice. "Xu Yuhua said. In this connection, experts suggest that if purchased for dog liability for pets, and pet insurance products, insurance should pay attention to when "big three": you need to know in the subjective position of the insurance contract law relationship, I. Law only for the beneficiaries of life insurance contract expressly provided otherwise, but liability for pets is a property insurance, property insurance beneficiary but has not been recognized by the law, dog owners should therefore as a policyholder or the insured more reasonable. Need to understand the maximum amount of insurance. Some insurers will vary depending on the different needs of dog owners, set different levels of premiums, the corresponding coverage also have different. To read the insurance terms carefully before purchase, understand the scope of exemption. If the dog itself illness, dog bites his master, the owner family member or employee loss and other animals caused by injury or death, occurring between the dog licenses or the free dogs immunization certificate of, or the documents expire dogs pet attack, tearing caused accidents, belong to the scope of the exemption of insurance companies, could not be paid.