【裁判要旨】根据合同相对性,投保人、被保险人和保险人以外的人是第三者责任险中当然的第三者,但保险人与投保人约定将被保险人家庭成员排除在第三者范围之外的,家庭成员的界定应以受害人与被保险人是否存在共同经济生活关系为基础,而不应简单地以血缘关系或者户籍关系为判定标准。同时保险人对该免责条款应尽到明确说明义务。 The purpose of the referee According to the contractual relativity, the insured person, the insured person and the insurer is a third party of course, the third party liability insurance, but the insurer and the insured agreed to insure the family members excluded The definition of family members beyond the scope of the three groups should be based on the existence of a common economic life relationship between the victim and the insured person and should not be simply based on the blood relationship or hukou relationship. At the same time, the insurer should make clear the obligation of the disclaimer.