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HIV Kunming Li Wei (a pseudonym) to buy China Ping An Life Insurance Company of Yunnan Branch (hereinafter referred to as "Ping Yunnan"), accident insurance card, buy later found written on the card safe harbor provisions of the insured risk During AIDS or infected with HIV, the insurance company to the insured contents is not compensable. Li Wei that the "White bought this policy" that the insurance company discrimination against people with AIDS insurance policy, ordered the insurance company to court,nike tn, asked the court to void the clause. Reporters learned yesterday: Wuhua District People's Court over this "Insurance discrimination" case verdict: dismissed Li Wei, Li Wei has refused to accept the Kunming Intermediate People's Court of Appeal. This is a lawsuit against an insurance company contract terms "discrimination" case of the first case of AIDS patients nationwide.
Cases cause
Buy insurance without compensation
Last February 4, Li Wei spent 200 yuan to Yunnan Ping An Insurance purchased the "golden greeting card" accident insurance two,rayban occhiali da vista, two weeks after,jordan basket, Li Wei stumbled purchase insurance card "exclusion of liability" clause written: " because one of the following circumstances, causing the death of the Insured, disability or medical expenses, the Company assumes responsibility for paying the insurance ...... insured during AIDS or HIV infection. "read the insurance policy exoneration, Li Wei I feel that they are buying white buy accident insurance, even if unexpected injury incident, the insurance company can not get paid.
This thing that Li Wei some distress, he wanted to surrender, but the clerk does not agree. "This clause is clearly discriminatory AIDS us these people!"
Once you have the support of a lawyer,chaussures louboutin, Li Weijian given confidence. After several unsuccessful negotiations to Ping Yunnan,ceinture burberry, Yunnan Li Wei Ping will report to the five Chinese court, asking the court to void the disclaimer; written apology to him,cinture stefano ricci, and mental damages claims 10 yuan. He wrote in the complaint,sneakers louboutin pas cher, AIDS or infected with HIV suffer during war, military action, riots, armed rebellion and nuclear radiation in parallel as one exemption conditions clearly have discrimination against AIDS patients and HIV carriers, in violation the "Communicable Disease Prevention Law," "AIDS Prevention Act," in respect to not discriminate against AIDS patients and HIV carriers in the relevant regulations.
First instance verdict
The court dismissed the plaintiff's claim
Ping Yunnan defendant claims that: the risk of HIV patients could not be calculated, not a good estimate. Medical services for HIV itself antiviral therapy and a series of complications, treatment and control of complications caused by the AIDS needs to be provided with a difficult to estimate and ultra-high resistance,outlet hogan, will bring immeasurable loss, After all, the insurance company is a self-financing business. Commercial insurance companies claim risk must be controlled within the range can withstand.
Yunnan Ping said: provisions for people with AIDS is industry practice, in insurance terms as exclusions in the AIDS is a common phenomenon in the insurance industry.
Five Chinese court that: the plaintiff Li Wei bought accident insurance policy, literally can not see the insurance company exemption, even if the insured accident, the insurance company can not see to exemption,louboutin homme, pursuant to the five Chinese court rejected Li Wei's claims.
Wei first instance verdict, the Kunming Intermediate People's Court has been appealed. Yesterday, Li Wei to the public to write an open letter: "I am an ordinary policyholders, but also an HIV-infected person ...... if this traffic accident insurance in accordance with the contract terms, I can not buy insurance coverage should start to finish legitimate rights and interests acquired,chapeau ymcmb, can not reduce losses by changing the insurance and surrender, Yunnan Ping 'golden greeting card' accident insurance contract terms are for all HIV-infected people and AIDS patients naked, institutional discrimination seriously hurt AIDS people's feelings, but also a violation of the "Infectious Diseases Law,moncler soldes," "AIDS Prevention Act," the relevant provisions shall not discriminate against HIV-infected people and people with AIDS ...... "
Sound court
Accident insurance should not abandon people with AIDS
According to "China AIDS Joint Assessment Report", by the end of 2007,sac longchamp, our existing and patients infected with HIV about 70 million. Whether this provision of the insurance industry constitutes discrimination against 700,000 people with AIDS "This is not just a legal problem or a social problem. We should be more care for AIDS patients." Zhou Dayong said the lawyer, Yunnan Disclaimer Ping An Insurance violated the relevant laws and regulations.
Ms Chan said a senior insurance salesman, as long as no other relationship with the AIDS accident insurance, can all be insured. If one day there are people walking AIDS accidentally bumps in the road, and he cast accident insurance, they should be compensated. Because he, like everyone else, has nothing to do with the disease legitimate rights and interests. Although the number of people infected with HIV is on the rise year by year, but the relatively low overall proportion of AIDS patients with insurance, the company will conduct an assessment of its actuarial risk, product risk can be controlled.
But from the standpoint of business,chaussures new balance, if the design of the cover of HIV-infected persons accident insurance,peuterey wiki, may reflect more corporate social responsibility. Terms of the AIDS shut unfair. Injuries are unpredictable, occur to anyone,coach bracelets, for the prevention of risks, need to be more scientific, more accurate way of insurance, the AIDS excluded.
Tangrong believes that before talking about the mere mention of AIDS in recent years,cinture chrome hearts, China has strongly advocated care for AIDS patients, not only from a legal point of view, the degree of acceptance from society, in terms of tolerance of people are improving, and most AIDS patients direct assistance is the social security system. AIDS doctor,louboutin prix, medical expenses countries to help them solve, such provisions can be removed completely, unrelated to the disease involving personal and property casualty insurance company should not be refused. Tang Rong said: "Suppose an AIDS patient encounter crash, the insurance company is not have exclusions do "
Intern reporter Bai Licheng Sun Chen Cheng (Spring City Evening News)
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Disclaimer: This article represents only the personal views,hermes bracelets, nothing to do with Phoenix. Its originality,chloé lunette de soleil, as well as in the statements and content without the site confirmed on this article and in which all or part of the contents, text authenticity, completeness, timeliness, without any guarantee or promise, the reader is for reference only, and please verify their own content.
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