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the case from the disclaimer no legal effect
Posted Jan 07 2013 4:02am
Case to court, the insurance company "engine damaged the second strike caused by" the defence, but
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did not submit relevant evidence, therefore has not been recognized
in the court. Insurance company also put forward, which has agreed the disclaimer in the insurance contract, the case shall be applicable disclaimer. , plaintiff's
lawyers, hitting water law firm DingPeng lawyer comments in time, adopted by the court, the decisions involving insurance company full compensation for the owner in the
maintenance of more than 320000 yuan. The insurance company refuses to appeal. Announced recently, final the case, the court rejected the appeal, maintain the ruling.
The lawyer comment on
Disclaimer invalid insurance company should compensate
DingPeng lawyer think that in this case the insurance company shall bear the liability of the accident, to claim. Reasons are as follows: "insurance law" the provisions
of article 17, in conclude when insurance contract, insurance company has an obligation to the applicant to provide insurance clauses text, and can be exempted from the
liability clause in the insurance contract to the applicant for tips and instructions, and the "tips" should be "enough to policy-holder attention", the "instructions"
should be "clear".
Above is the law clearly stipulates
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the legal obligation of insurance company, at the same time, according to the terms and conditions if the insurance company did not
fulfill the above legal obligations, and shall bear the disclaimer according to law, the legal consequence of invalid and clauses in the disclaimer invalid contract
does not affect any other part of the content of the legal effect.
In this case, the original, the accused both sides signed the "loss of motor vehicle insurance clause" regulation, heavy rains caused all or part of the loss of the
motor vehicle insurance, the insurer shall be responsible for compensation. According to relevant regulations, rainstorm is refers to the continuous rainfall 24 hours
more than 50 mm of rain. DingPeng lawyer for this specially to the meteorological department investigation, according to the meteorological department, a certificate
issued by the insurance accident happens accident location of precipitation of heavy rain.
Therefore, the case from the disclaimer no legal effect and clauses about the heavy rains insurance company
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should compensate the losses caused by "the provisions of
the two Angle, the defendant insurance company are dealing with the plaintiff's loss compensation.
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