[Brief facts of the case].
This case is an insurance contract dispute, the plaintiff is engaged in express delivery personnel, Shanghai R enterprise service outsourcing*** Anhui Suzhou Branch for the plaintiff to purchase the defendant company's distribution employee personal accident insurance. At about 18:32 on March 16, 2022, the plaintiff had a traffic accident. On March 17, 2022, the plaintiff submitted a claim application to the defendant in accordance with the Personal Accident Insurance Policy for Distribution Employees and the Personal Accident Insurance Terms for Express Delivery Employees of China A Property Insurance Co., Ltd., but the defendant did not settle the claim to the plaintiff in accordance with the contract. Thus, the case was formed!
After accepting the entrustment, we analyzed and judged the case, and finally reached a mediation opinion after repeated negotiations with the other party! The other party also paid the compensation according to the agreement!
Relevant legal instruments].
People's Court of Fuping County, Shaanxi Province.
Civil mediation letter.
2024) Shaanxi 0528 Min Chu No. 1016.
Plaintiff: A, male.
Entrusted litigant: Li Kaiji, lawyer of Shaanxi Qinyue Law Firm.
Entrusted litigation **person: Jian**, trainee lawyer of Shaanxi Qinyue Law Firm.
Defendant: China A Property & Casualty Insurance Co., Ltd. *** Shanghai Branch.
Entrusted litigator (specially authorized): Cai **, lawyer of Shaanxi ** Law Firm.
In the case of a life insurance contract dispute between Plaintiff A and the defendant China A Property Insurance Co., Ltd. *** Shanghai Branch, this court accepted the case after the case was filed. The trial was conducted openly in accordance with the law, applying the summary procedures.
Plaintiff A filed a lawsuit with this court: 1. Order the defendant to pay the plaintiff 65,000 yuan in personal accident insurance for express delivery employees in accordance with the law; 2. The defendant was ordered to pay the plaintiff an additional short-term accident injury medical insurance premium of 9886 in accordance with the law94 yuan; 3. The litigation costs of this case shall be borne by the defendant. Facts and reasons: The plaintiff is engaged in express delivery, and Shanghai R Enterprise Service Outsourcing*** Anhui Suzhou Branch has insured the plaintiff with personal accident insurance for distribution employees under the defendant company. At about 18:32 on March 16, 2022, when the small car driven by an outsider drove from west to east along the internal road of the Mingdemen Police Station and entered Chang'an South Road to turn right, it coincided with a traffic accident in which the electric bicycle driven by the plaintiff drove from north to south along Chang'an South Road, causing the plaintiff to fall to the ground and be injured and the electric vehicle to be damaged. Later, the plaintiff sued the outsiders Jia Jintao, Jia Jiping, and Chinese Min's Property Insurance Co., Ltd. *** Yulin Branch to the Yanta District Court of Xi'an City, and then the people's court ruled that Chinese Minmin Property Insurance Co., Ltd. *** Yulin Branch should bear 60% of the liability and compensate the plaintiff for medical expenses, food subsidies and other expenses totaling 1780757 yuan, Jia Jintao and Jia Jiping compensated the plaintiff for the appraisal fee of 16416 yuan, the amount of compensation did not fully compensate the plaintiff for all economic losses. On March 17, 2022, the plaintiff submitted a claim application to the defendant in accordance with the "Personal Accident Insurance Policy for Distribution Employees" and the "Personal Accident Insurance Terms for Express Distribution Employees of China A Property Insurance Co., Ltd.", but the defendant replied that the plaintiff could only pay 376705 yuan. The plaintiff argued that an insurance contract had been established between the plaintiff and the defendant, and that the defendant should pay the plaintiff personal accident insurance and additional short-term accident injury medical insurance for express delivery employees in accordance with the contract, but the defendant did not settle the claim to the plaintiff in accordance with the contract. In order to protect its legitimate rights and interests, the plaintiff sued the court.
During the trial of this case, after mediation presided over by this court, the parties voluntarily reached the following agreement:
1. The defendant China A Property Insurance Co., Ltd. *** Shanghai Branch voluntarily paid the plaintiff 62,626 in compensation before February 28, 202494 yuan;
2. Plaintiff A voluntarily waived the rest of the claims, and the parties had no other disputes in this case.
The case acceptance fee is 1,672 yuan, which is halved to 836 yuan, which is borne by plaintiff A.
The parties agree that the contents of this mediation agreement shall have legal effect after both parties sign or seal this mediation agreement.
The above agreement does not violate the provisions of the law, and this court affirms it.