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Chapter 379 Insurance contract disputes (3)

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    ?

    The judge who tried Ma Yanyan's case was named Du Kefan. He was a young man in his early thirties. He was 1.8 meters tall.

    Du Kefan came to work in the court entirely out of his professional belief in judges, and he aspired to become an excellent people's judge!

    Although Du Kefan is young, he is very experienced and has a strong ability to control court trials.

    Du Kefan sat firmly on the trial seat, tapped the gavel, and then solemnly announced: "The case of the plaintiff Ma Yanyan v. defendant a life insurance company's insurance contract dispute case is now open."

    Some judges don't like to knock the gavel before the trial, but in Du Kefan's mind, the gavel is sacred, and knocking the gavel before the court is a very sacred ceremony; but when the parties have a dispute in the court, which affects the order of the court  However, Du Kefan never knocked the gavel like the judges of the Anglo-American law system in TV dramas. Out of his heart, he was reluctant to use the gavel, which represented the majesty of the law, as a gavel  use.

    Du Kefan said to the plaintiff and the defendant: "Now find out who the plaintiff and the defendant are in court."

    ?Wu You said: "The plaintiff, Ma Yanyan, did not appear in court to respond to the lawsuit. Lawyers Wu You and Li Yike from Zhonghe Law Firm appeared in court to respond to the lawsuit. Authorization authority: special authorization."

    Chen Youjun, the representative lawyer of a life insurance company, said: "Defendant a life insurance company has entrusted Chen Youjun, a lawyer from Jintian Law Firm, to appear in court to respond to the lawsuit. Authorization authority: special authorization."

    Du Kefan asked again: "Do the parties have any doubts about the other party's court personnel?"

    Wu You and Chen Youjun said in unison: "There is no objection."

    Du Kefan's eyes sparkled, and he said loudly: "I am the sole judge of this case under the summary procedure, and Lin Xiaojuan is the clerk. Do the plaintiff and the defendant apply for withdrawal?"

    According to the provisions of the Civil Procedure Law, there are summary procedures and ordinary procedures in the trial of civil cases.

    The basic people's court and its dispatched tribunals try simple civil cases with clear facts, clear rights and obligations, and minor disputes. The summary procedure is applied, and the trial is conducted by a single judge. The trial period is three months.

    ?Complicated first-instance and second-instance cases shall use ordinary procedures. Ordinary procedure cases shall be heard by a collegial panel composed of judges and jurors or judges.

    The number of members of the collegial panel must be singular.

    Article 44 of the Civil Procedure Law stipulates: ¡°Judges shall recuse themselves if they fall under any of the following circumstances, and the parties have the right to apply for their recusal either orally or in writing:  (2) has an interest in the case; (3) has other relationships with the parties or agents ad litem of the case, which may affect the fair trial of the case. Judges accept guests and gifts from parties or agents ad litem, or meet with parties in violation of regulations  , litigation representatives, the parties have the right to ask them to withdraw."

    Appellate judges should be interpreted in a broad sense, including not only judges, but also clerks, translators, appraisers, and inspectors.

    "There is no application for recusal." Wu You said.

    "Do not apply for recusal." Chen Youjun said.

    Du Kefan paused, and then continued: "The court's discipline has been delivered to both the plaintiff and the defendant before the trial. In order to save time and improve the efficiency of the trial, it will not be read out."

    Wu You, Chen Youjun: "Agreed."

    "The court investigation stage will start next, please entrust the plaintiff to entrust an agent to state the claims and factual reasons first." Du Kefan said to Wu You.

    Wu You signaled to Li Yike, and Li Yike read out the indictment.

    Li Yike has passed the internship period and can practice independently. Wu You also intends to let Li Yike exercise more. Therefore, Li Yike made the main statement in several court trials, and Wu You only made supplementary explanations when necessary.

    Li Yike's progress is also obvious.

    Li Yike read out the indictment: "On June 1 this year, Ma Yanyan, as the policyholder, signed a life insurance contract with a life insurance company. The insurance type is "universal critical illness insurance".  The payment frequency is 100,000 yuan, and the payment frequency is annual. Ma Yanyan has paid the insurance premium, and the insurance policy will become effective on the date of signing the contract. Article 15.1 of the insurance contract stipulates: within 90 days from the effective date of this contract, the insured  If the person becomes ill for the first time and is diagnosed by the hospital as a "serious disease" or "specific mild serious disease" stipulated in this contract, the defendant insurance company will not bear the insurance liability, and will return the cash value of this insurance contract, and this contract will be terminated.

    ?The scope of "critical diseases" is stipulated in the appendix of the insurance contract, including the implementation of the "Critical Illness" from April 3, 2007It is stipulated in the Specifications for the Use of Disease Definitions of Disease Insurance that: if an insurance company names a product as critical illness insurance, and the insurance period is mainly for adults (over 18 years old), the scope of diseases covered by the product shall include  Malignant tumors, acute myocardial infarction, sequelae of cerebral apoplexy, coronary artery bypass grafting (or coronary artery bypass grafting), major organ transplantation or hematopoietic stem cell transplantation, end-stage renal disease (or chronic renal failure uremia)  ; In addition to these six diseases, insurance companies can choose to use other diseases within the scope of this specification; at the same time, the above-mentioned diseases should use the disease names and disease definitions of this specification.  "

    Li Yike continued: "Specific mild and serious diseases include: very early malignant tumors or malignant lesions (carcinoma in situ), mild stroke, atypical acute myocardial infarction, small third-degree burns (10%), severe vision  Injury, coronary intervention, intra-aortic surgery, pituitary tumor, brain cyst, cerebral aneurysm and cerebral hemangioma, etc."

    The long list of medical terms made it difficult for the clerk Lin Xiaojuan to record.

    Li Yike slowed down his speech on purpose to make it easier for Lin Xiaojuan to record.

    Li Yike also said: "From August 23rd to 27th, Ma Yanyan went to the Affiliated Hospital of Huaihai Medical University for examination. On September 6th, the Affiliated Hospital of Huaihai Medical University was diagnosed with solid breast cancer on the right side. Diagnosis  Later, Ma Yanyan filed a claim with Life Insurance Company A. On September 15, the defendant Life Insurance Company A refused to pay the plaintiff¡¯s insurance money because the plaintiff¡¯s illness was within the 90-day waiting period. The plaintiff believed that the insurance signed by the plaintiff and the defendant  The contract is legal and valid, and should be fully performed. The plaintiff found suspected lesions in the physical examination, and then went to the Affiliated Hospital of Huaihai Medical University for examination and confirmed the diagnosis. The diagnosis of serious illness was made after the 90-day waiting period. The defendant should bear the insurance liability, so the lawsuit was brought to the court.  It is requested to order the defendant to perform the insurance compensation liability and compensate the plaintiff 100,000 yuan in insurance money." (Remember the website website: www.hlnovel.com
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