Fear of disorder! With 13 days to get married, "Mr. Right" to buy a huge accident insurance for his wife, his wife really accidental death...2017-05-19 19:40:19 129 ℃
This is a very cruel case of truth: a man and a woman know each other on the Internet and get married only 13 days together. After marriage, the husband takes good care of his wife. But the strange thing is, licensing after third days and fifth days, he had the wife to buy two copies of personal accident insurance and a travel accident insurance, insurance funds totaling 4 million 500 thousand yuan, more coincidence is, after 2 months and 5 days, was drowned when his wife riding a cable car......
Jiangsu Changzhou police finally cracked the vicious criminal cases in this murder pianbao, who has been executed, however, things did not end here, for the families of the victims will refuse to pay the insurance company to court to claim the insurance 3 million, the petition by the Shanghai Municipal People's Court of Pudong New Area support.
After marriage, one after another to buy huge insurance for his wife
May 10, 2013 morning 7 am, Jiangsu Changzhou Longhutang police station received the alarm call, an electronic industrial park artificial lake floated a corpse.Drowning dead scene
The day of 16, a man surnamed Li said to the police station, his wife Liao Moumou May 9th night ride buy a new electric car after going out has yet to return.Lee identified, from the artificial lake salvaged the dead, that is, Liao moumou.Thorough police investigation found that Lee divorce in February 2013, 20 month by WeChat know Liao Moumou two people in the know, only 13 days after the licensing of marriage.
In March 8th of the same year and 10 days, respectively, Liao Moumou Lee bought two copies of personal accident insurance, insurance funds totaling 3 million yuan, and later bought a travel accident insurance premium 1 million 500 thousand yuan. And change the beneficiary from the legal heir to Mr. Li himself. In May 9th, Liao Moumou died.
Heart is too black!
To make the accident his accomplices
Police from Liao Moumou mobile phone records found that a few days before the incident, a tail number "716" cell phone number has sent text messages, inviting Liao Moumou to the scene of the crime. After further investigation, the number before the incident may be used as a man surnamed zhou. And Zhou is Li's fellow townsman, two students of the Department, long-term follow Li Mou "mix"".An electric car in which the deceased sank into the lake
After confirming Lee and Zhou have major crime suspects, the police decided to implement the arrest. After appearing in court, Zhou confessed the crime process. Subsequently, Lee also explained in detail, and written by himself, together with Zhou, the killing of Liao Moumou to defraud high insurance crimes.
Original，Lee Sichuan Bazhong Ji Liao Moumou and the purpose of marriage is to murder pianbao.In order to make the accident more realistic, Lee let Zhou seduce Liao Moumou, Zhou by sending Liao Moumou electric cars and other gifts, and Liao Moumou happened sexual relationship. Zhou Yueliaomou one out, riding the electric car carrying her for a ride in the electronic industrial park, deliberately drove into the artificial lake, Liao Moumou head in the water, caused his drowning.When Liao Moumou died, he was only two months and 5 days away from his marriage.
Later, the prosecution has Lee, Zhou intentional homicide to the court. Court publicly sentenced Lee sentenced to death, deprived of political rights for life, sentenced Zhou to death, suspended for two years.
The families of the victims sued the court
Lee intentionally caused the death of the insured, has lost the right to insurance benefits. But Liao Moumou family believes that they have the right of inheritance and insurance, underwriting requirements of a Shanghai insurance company claims on a personal accident insurance, but was rejected. In desperation, Liao Moumou family will be taken to court, requesting the court to order the defendant to pay insurance money 3 million yuan, and in accordance with the bank lending rate to pay from March 14, 2016 to the date of interest payment.
The insurance company argued that Lee was the policy holder of the case. Although in this case the insured insured single fill is Liao Moumou, but according to the criminal verdict facts "Lee to buy" the insurance and the relevant evidence, said Lee is involved in the purchase of insurance means, is the implementation of the Lee's behavior, it is in order for his money and the implementation of the insurance fraud, consulting, the purchase and payment of the premium is Lee's behavior, the characteristics of the insured with Lee, Lee Liao Moumou as the insured approach, only implementation of insurance fraud means. According to the criminal judgment, Lee bought the insurance, and insurance claim for deliberately manufacturing accidents, the insurance contract is invalid contract, the defendant without payment of insurance, insurance law and regulations, the insured intentionally caused the death of the insured, the defendant without the payment of insurance money.
The insurance company shall pay the insurance and interest
The presiding judge of the case believes that the focus of the dispute in the case is how to identify the insured person involved in the policy.
First of all, an insurance contract is a written contract, which shall be in writing. In this case, the insurance applicant clearly documented Liao Moumou because the case, online insurance, insurance content policyholders fill in the content on the Internet is generated based on the records of the insured, the insured is also in the process of presumption, that is to say, Liao Moumou, according to the insurance contract written records, applicant Liao xx.
Secondly, the criminal verdict that the fact that described as "Lee purchase" involved in insurance products, but did not identify Lee as the insured. According to the provisions of the criminal law on insurance fraud, the insured and the beneficiary deliberately cause the insured person's death, disability or illness to defraud the insurance money, which constitutes the crime of insurance fraud. Visible, deliberately causing the death of the insured, and constitute the subject of insurance fraud is not only policyholders, Lee as a beneficiary can also constitute the main body of insurance fraud.
And confirmed by the defendant, the "customer service insured signature for the change request form in Liao Moumou after receiving the telephone played to verify the situation, Liao Moumou agree to change the beneficiary for her husband, the corresponding change in the system, and will change the beneficiary batch send and call the Liao Moumou. She". Visible, Liao Moumou I am aware of the existence of the policy in this case, but also evidence that Liao Moumou for its own policyholders for the Department known, and thus support Liao Moumou for the insured case of its true meaning.
The court therefore confirmed that the insured person involved in the policy is the victim of Liao moumou.
According to the forty-third provisions of the insurance law, the insured intentionally causes the death of the insured, etc., the insurer does not bear the responsibility to pay the insurance money. If the beneficiary intentionally causes the death of the insured, the beneficiary shall lose the right of beneficiary. In this case, the insured and the insured are Liao Moumou, Lee as beneficiary, deliberately causing death of the insured Liao Moumou, and lost the right to benefit. According to the insurance law the provisions of article forty-second, after the death of the insured, the beneficiary shall lose the right to the benefit, there is no other beneficiary, insurance as the insured by the insurer heritage, insurance payment obligations in accordance with the provisions of the law of succession. The insurance policy involved in this case has no other beneficiary. According to the law of succession, the insured person, Mr. Liao's family, is the legal heir.
The court therefore decided that the insurer should pay 3 million yuan to the three plaintiffs;To advocate Sanyuan insurance loss of interest is reasonable, the court support; litigation fees charged by half, by the defendant the burden of insurance companies. After the verdict, the two sides did not appeal, the case has now entered into force.Submission, (please specify WeChat contribution, or cooperation in overtime)
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