论文部分内容阅读
保险标的发生损毁 ,保险公司是否应该赔偿 ,主要是看保险标的损毁是否是由保险责任事故引起的 ,而不是保险标的发生损毁就一定是保险责任事故 ,二者是因果关系 ,不能是果因关系。这起案例中 ,保险公司承保氨水“管道破裂险” ,并因氨水造成的保险标的损失承担保险责任 ,但是 ,氨水管道未破裂 ,是因管道阀门松动 ,氨水泄漏 ,造成保险标的损失 ,法院判决保险公司赔偿被保险人的损失 ,实在是因果关系的颠倒。另外 ,不能准确适用《保险法》有关保险合同条款解释原则 ,这都不利于保险业的健康发展。
The subject of insurance damage, whether the insurance company should be compensated, mainly to see if the damage to the subject of insurance is caused by the insurance liability accident, rather than the subject of insurance subject to damage insurance subject to an accident of insurance liability, the two are causal relations can not be the result of the relationship . In this case, the insurer insured the “pipeline rupture risk” of ammonia water and assumed the insurance liability for the loss of the insured subject caused by ammonia water. However, the ammonia pipeline did not rupture due to the loosening of pipeline valves and leakage of ammonia water, resulting in the loss of the subject matter of insurance. The court ruled Insurance company compensation for the loss of the insured, it is the causal relationship reversed. In addition, the principle of interpretation of the terms of the insurance contract in the Insurance Law can not be accurately applied, which is not conducive to the healthy development of the insurance industry.