Mr. Gao Peng won the accident insurance contract dispute case

2022 10/10

Recently, Mr. Li Zongjiang, a partner at Gaopeng Law Firm, represented the Beijing branch of Tian'an Property & Casualty Insurance Co., Ltd. (hereinafter referred to as Tian'an Property & Casualty) in a case over an accident insurance contract dispute, and the family eventually withdrew the lawsuit against Tian'an Property & Casualty Insurance because the policyholder was suspected of insurance fraud.

In this case, the insured drove an electric tricycle into the river and died, and the family claimed compensation from more than a dozen insurance companies such as Tianan Property & Casualty Insurance on the grounds that the death of the insured was an accident, and the claim amount was as high as 8 million yuan. Prior to this, the family had successfully filed a claim against someone from a life insurance company through a lawsuit. The court found that if the insured died due to accidental injury, a life insurance company should pay the insurance money.

Although the effective judgment supported the family's claim claim, the fact that the family purchased nearly 20 accident insurance policies for the insured one month before the death of the insured cannot but make people suspect that the insured had maliciously insured and fraudulently obtained insurance money.

After accepting the entrustment of Tianan Property & Casualty Insurance, Mr. Gao Peng had in-depth communication with the staff of Tianan Property & Casualty Insurance, studied the case materials in detail, "made bold assumptions and carefully sought evidence", went to many hospitals to investigate and collect evidence, and finally successfully retrieved the insured's inpatient records diagnosed with cancer before his death.

Before the trial, Mr. Gao Peng formulated a detailed response plan from multiple dimensions, such as the statute of limitations, the invalidity of the accidental death insurance contract without the consent of the insured, the unknown cause of the death of the insured, and the suspicion of insurance fraud in this case.

During the litigation, under pressure from both the presiding judge and the opposing lawyer to settle the case, Gao Peng insisted that the case was suspected of serious insurance fraud and refused to settle. In the end, in the face of strong counterattack from Gao Peng's lawyer, the insured's family voluntarily withdrew its lawsuit against Tianan Property & Casualty. Mr. Gao Peng once again assisted Tianan Property & Casualty Insurance to achieve its litigation goal of loss reduction and compensation reduction.


(This article is translated by software translator for reference only.)