Recently, the Jiangsu Lawyers Association successfully held the "2023 Financial Legal Service Outstanding Cases, Outstanding Awards and Seminars" in Nanjing. Qian Xiukun, a partner of Jiangsu Maotong Law Firm, led lawyers Sun Qinghua and Ling Min of Jiangsu Maotong (Nanjing) Law Firm to handle the "Case of Li et al. v. Wang and an Insurance Company Motor Vehicle Traffic Accident Liability Dispute - The Dispute between the Identification of Vehicle Occupants and Third Parties" by the Jiangsu Lawyers Association as the "Best Insurance Litigation Case" in 2020-2023.
In this case, Maotong's lawyer team was the driver in the accident, Wang. After Zhang, a stevedore who was carrying goods in the carriage, was injured when the vehicle was moved due to improper operation of the vehicle driven by Wang, he died after rescue efforts failed, and Wang purchased compulsory traffic insurance and third-party liability insurance of 1 million yuan from the defendant's insurance company. Zhang's family sued the two defendants, the insurance company and the driver, Wang, for a total of more than 960,000 yuan in death compensation due to the cause of the motor vehicle traffic accident liability dispute. An insurance company believes that the victim should be a person in the car at the time of the car accident and does not fall within the scope of its claim. After the first instance and the second instance and the retrial of the High Court, the court ruled that the victim was a third party, which fell within the scope of compensation under compulsory traffic insurance and third-party liability insurance, and should be liable for compensation by an insurance company.
In order to protect the interests of the client to the greatest extent, in view of this special case, the Maotong lawyer team actively divided labor and cooperated, clarified the facts, consulted materials, organized expert argumentation, etc., and made a defense from the facts, the legislative purpose of the insurance law, the agreement of the insurance contract, the relevant judicial guidance, and the principle of fairness and justice, and finally achieved a good result.
At present, the victim's family has received the compensation in a timely manner, and the Maotong legal team is also pleased to have achieved the success of the lawsuit through their efforts.