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此文所涉案例中,投保人在事故发生后对保险合同申请更改,并得到部分赔偿,投保人在不能得到全部赔偿的情况下将保险人诉诸法律。终审法院认为,投保人在其提出加保中国境内险及增加“乘客座位险”保额申请、保险人作出保险承诺前,其已经发生了交通事故,依《保险法》保险人不可能对其进行保险。而保险人仍愿意对投保人作出赔付,其已不是依《保险法》而为的赔偿,而是基于投保人是其员工,基于照顾的考虑而为的补偿。故宣判投保人败诉.
In this case, the policyholder applied for a change of insurance contract after the accident and was partially compensated, and the insured person resorted to the law without being fully compensated. The Court of Final Appeal held that the insured person had already had a traffic accident before its insurer made an insurance undertaking when it proposed to increase its insurance coverage in China and increase the “Passenger Seat Insurance” coverage. According to the “Insurance Law”, the insurer is unlikely to It is insured. Whereas, the insurer is still willing to pay the policyholders, it is no longer a compensation under the Insurance Law, but a compensation based on the considerations of the insured person and his employees. Therefore, the sentencing applicant lost.