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January 10, 2019

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Court rules insurer pays regardless of past illnesses

An insurer’s appeal that injuries in a car accident were a result of the victim’s illness was rejected, Shanghai No. 1 Intermediate People’s Court announced yesterday.

The company will now pay the man more than 250,000 yuan (US$37,000).

Liu, in his 60s, suffered from spinal problems for a long time before January 2017 when his e-bike was hit by a car. The police report said the driver bore responsibility.

Though the driver’s insurer agreed to pay out, Liu demanded over 300,000 yuan and the two sides failed to reach agreement.

The court ruled that Liu suffered losses in excess of 255,000 yuan and ordered the company to pay.

The company argued that Liu already had existing problems and the damage was not as serious as the judicial evaluation.

The intermediate court ruled that Liu’s pre-existing conditions had nothing to do with the accident. Since Liu had no fault in the case, full responsibility lay with the driver.


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