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The cession of insurance mark and the analysis of rejecting claims case that cau
From;    Author:Stand originally
Details of a case

Some trading company bought sedan of accept of tower of a mulberry, concluded with insurance company motor-driven car divides an insurance contract. During insurance inside, this company and Zhang Mou sign to clear the written agreement of creditor's rights debt, agreement: "The car of accept of tower of mulberry of new 02-03166 date of the trading company turns to industrial company, the formalities of change the name of owner in a register of the car is in charge of dealing with by the trading company, what require cost by industrial company load; But industrial company must obtain those who add a sedan to dominate index only to the trading company, otherwise, the trading company does not deal with formalities of change the name of owner in a register. "Be the same as a month some day, li Mou of industrial company former president handles affairs because of going out, the trading company uses this car group to its. Li Mou drives this car way some country one turning produces an accident, cause a car to destroy a person to die. The trading company concludes the case to newspaper of public security bureau that day, ask defendant insurance company checked trouble spot. Detachment of policeman of public security bureau makes ultimate responsibility hold a book with respect to accident of this car traffic, affirm this car already discarded as useless thoroughly, this matter reason bears full responsibility by the trading company. Subsequently, the trading company asks compensate pays for many times, all refuse.

The reason of insurance company is: The trading company transferred this car industrial company inside insurance contract period of efficacy, and did not apply for to correct to my company, our company have authority to reject to compensate for.

Analysis

The key of this case depends on casting the car that keep to whether happen to make over.

" insurance law " the 33rd regulation: The cession of insurance mark ought to inform an underwriter, classics underwriter agrees to continue after accept insurance, change a contract lawfully. The trading company is inside this car insurance period, although signed the agreement that transfers this car with industrial company, but this agreement is with the condition.

Basis " civil code general rule " the 62nd regulation: Civil law action can attach a condition, the civil law action that attachs a condition is in the become effective when according with place to attach a condition. Industrial company did not obtain the quota that increases sedan. Can think: The consultative place that transfers this car adds a condition to did not hold water, criterion this agreement does not have become effective. The car fee that this agreement place involves also does not produce move.

In fact, the trading company also did not deal with the formalities of change the name of owner in a register of this car, this car ownership is when trading company hand is medium, insurance company should assume insurance liability to pay compensation lawfully of course.
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