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The driver accidentally died. The insurance company refused

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When the Gujiao truck driver Lumou got off the bus and routinely checked the condition of the car, the truck that was suddenly dropped was crushed and killed. The company where Lumou was asked for insurance company claims, but the insurance company believed that the car insurance claims were only for the third party that had an accident. That is, "do not protect themselves", the two sides went to court for this. A few days ago, the Gujiao Court made a first-instance judgment, and the insurance company should pay compensation. Lu's 43 is a large truck driver of a coal mining company in Gujiao. At 9 o'clock on the morning of December 28, 2014, Lumou prepared to get out of the car as usual, and lifted the rear manger after starting the truck, and got off the bus to check the condition. Unexpectedly, the truck manger suddenly fell, and Lu was pressed under the manger, and died after being rescued. On January 8, 2015, after mediation, the coal company compensated Lu's family for funeral expenses and death compensation totaling 1 million. Since the “Awkward” truck has invested in the strong insurance and the three risks in Yongan Property Insurance Co., the coal company requires the insurance company to settle the claims within the limits of the two risks. The insurance company believes that the three-person insurance claims are third-party, excluding the driver of the vehicle. Furthermore, the location of the incident was outside the road, and it was not within the scope of road traffic accidents, and the vehicle was not in transit at the time. The insurance company also believes that the driver should take full responsibility for the accident when the driver gets out of the car to check the condition of the car. In addition, the accident was caused by Lu’s own actions and did not meet the claims of the insurance. For the above reasons, the insurance company refused to settle the claim. The coal company sued the court and demanded that the insurance company pay insurance compensation of 610,000. The court held that the insurance company incurred the accident during the insurance period and caused the death of Lu, and the insurance company should bear the liability for compensation in accordance with the contract. With regard to the defenses put forward by the insurance company, the court found that the location of the mine and the mine road that allowed the motor vehicle to pass was in accordance with the scope of the law; the vehicle was launched at the time of the incident, and the launch was a necessary condition for the normal traffic of the motor vehicle and As a component, it complies with the provisions on “damage caused by traffic accidents”; although Lu is a truck driver, he has left the car body at the time of the incident, stopped the operation and control of the vehicle, and no longer fulfilled the driver’s driving duties. Instead, it does something unrelated to driving on the ground, and its identity has been transformed into a “third party” on the ground by the driver on the road. Moreover, the insurance company failed to provide evidence that Lumou was at fault for the occurrence of his own damage. Accordingly, the court did not support the above defense of the insurance company, and ordered the insurance company to compensate more than 520,000 in the limit of the insurance and the three risks.


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