The man rushed into the fire to save people and was disabled, but the insurance company refused to pay compensation, and the court sentenced him to →

When there was a fire in his home, the man rushed into the fire to save his wife and children, and suffered multiple burns all over his body, but the insurance company believed that it was "self-inflicted injury" in the exclusion clause and refused to pay compensation. For this, the injured person took the insurance company to court. How will the court determine this? A few days ago, the results of the second instance of this case were announced-

According to the China Court Network, in the early morning of January 22, 2023, on the first day of the Lunar New Year, Yang, who was gathering at a neighbor's house, learned that there was a fire in the wooden house at home, and Yang's mother, wife, and son were all trapped in the burning wooden house. Yang's company had purchased accident insurance and health insurance for him, but the insurance company believed that Yang had caused self-injury or suicide to the insured in the exclusion clause of the insurance he purchased, and refused to pay compensation.

For this reason, Yang sued the court, demanding that the insurance company pay his accidental injury disability insurance premium, accidental injury medical insurance premium and accidental injury hospitalization allowance, totaling more than 580,000 yuan.

During the first trial, the two sides debated whether Yang's rescue from the fire was self-inflicted injury or suicide. The court of first instance held that the insurance company did not give a clear interpretation of the content of the exemption clause, nor did it submit evidence to prove that Yang's injuries in the accident were not accidental injuries but were caused by his own injuries or suicides. At the same time, the insurance company's defense that Yang's act of rushing into the sea of fire to rescue his mother, wife and children was his self-inflicted injury or suicide and refused to pay compensation, which was contrary to the principles of public order and good customs followed by civil activities and the values of honesty and friendliness advocated by the core values of socialism, so its defense could not be established in accordance with law. Accordingly, the first-instance judgment upheld all of Yang's claims and ordered the insurance company to pay Yang more than 580,000 yuan.

After the judgment, the insurance company appealed to the Enshi Intermediate People's Court, which held that the facts found by the court of first instance were clear and the law was applied accurately, and the court rejected the appeal and upheld the original judgment.

The judge said that fighting fires and saving relatives should be everyone's instinct, and it is also the obligation to rescue as stipulated in the Civil Code.

During life

We should improve our awareness of fire prevention, develop good safety habits, discover and eliminate fires around us in a timely manner, and strictly prevent fires from occurring

Do not litter cigarette butts or smoke in bed at home.

Check household appliances frequently, and repair and update them in time if they find that the wiring is aging.

Teach children not to play with fire at home, and not to lock children at home when parents go out, so as not to be unable to escape in the event of a fire.

Inspect the gas hose regularly and replace it immediately if it is damaged or leaking. When you leave home, remember to turn off the fire, turn off the electricity, and turn off the gas.

In summer, mosquito coils, moxa, etc. should be kept away from combustible materials such as sofas and mattresses, and should be completely extinguished before going to bed.

Do not take the EV battery home to charge it, or take out the "flying wire" from your home to charge the EV downstairs.

It is recommended to equip fire-fighting equipment such as combustible gas alarms, smoke alarms and fire extinguishers, and master how to use them.

In case of sudden fire, please keep in mind the "six don'ts" of fire escape

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Source/Hubei Emergency Management Editor/Shocking Final Review/Xu Jing

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