Responsibility Of Group Insurance
In the course of construction, an insured person who has an accident is the insured of the insurance contract, and the insurance company shall bear the insurance liability for the insured.
Refusing to settle claims on the grounds of unauthentic insurance materials provided by the insured, without fact basis, will not be supported.
In the case of group insurance, the construction workers who died accidentally in the construction, the family members sought the insurance company to settle their claims, but the insurance company refused to pay for the reason that there was no labor relationship between the migrant workers and the insured.
Recently, the people's Court of Wuyang county made a judgment on this case in accordance with the law, supporting the claim of compensation for the families of migrant workers.
In July 3, 2014, a building company in Wuyang County of Luohe signed an insurance company.
Group life insurance contract
The two sides agreed that the number of insured persons is 100, the insured amount is 200 thousand yuan per person, and the period of insurance is from 0 o'clock in July 4, 2014 to 24 o'clock in July 3, 2015.
During the insurance period, the insurer only undertakes the insurance for the insured in the construction and construction related work, or in the life area designated at the construction site or during the construction period.
Accident liability
Only assume the insurance liability of the applicant for a central community in Wuyang county.
Migrant worker Feng Shun (pseudonym) is the risk of this group.
Beneficiary
One of.
He went to the construction site of a center community in Wuyang County on August 10, 2014.
At 6 p.m. on August 19th, Feng Shun fell into the elevator at the 7 floor of building 6 of the construction site and fell dead.
After the accident, Feng Shun and his building company negotiated compensation with the insured company, but the insurance company failed to fulfill the obligation to pay insurance premium.
For this reason, Feng Shun's parents took the insurance company to Wuyang County People's court and asked him to pay the insurance money.
The insurance company contends that, according to the insurance contract, the insurance contract for the construction accident caused by the two parties is not a real name insurance. Only those who are engaged in the management and operation of the construction site and establish labor relations with the construction enterprises can be insured. Feng Shun has not established labor relations with the construction enterprises, so he is not the insured.
According to one of the insurance materials provided by the construction company, the construction contract is signed without Feng Shun, which is an unauthentic insurance material.
After hearing the case, the court held that the contract established according to law is protected by law.
The group insurance contract signed by the defendant and a construction company in Luohe is lawful and effective, and should be protected by law.
The contract is not a real name insurance, it is a group insurance contract, so long as it is in conformity with the qualifications of the insured stipulated by the two parties, it has the right to claim the claim in accordance with the contract after the accident is agreed.
Feng Shun was killed in the course of construction. The insured belongs to the insurance contract, and the insurance company shall bear the insurance liability for the insured.
However, the insurance contract does not specify the beneficiary, and the insurer's insurance interest should be enjoyed and inherited by his parents.
The insurance company refuses to claim compensation on the grounds that Feng Shun and the insured have no labor relations and the insurance materials provided by the insured are not true.
According to law, the defendant made an insurance company to pay 200 thousand yuan to Feng Shun's parents.
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