In June 2012, a young woman, Xiaofang, bought a Mercedes-Benz sedan from a car sales company. A few days later, she signed compulsory motor vehicle traffic accident liability insurance and commercial motor vehicle insurance with the insurance company, and paid the premium in full as promised. On July 26, 2012, Xiaofang drove her vehicle to the intersection of Beicang Road and Outer Ring Road. A sudden heavy rain caused damage to the water inlet of her Mercedes-Benz. After the damage assessment by the dealer, the vehicle lost 41,000 yuan. Xiaofang filed a lawsuit, requiring the insurance company and the car sales company to jointly bear the vehicle maintenance cost of 41,000 yuan.
The insurance company’s agent stated that he could not agree to compensate Xiaofang’s claim. Because the exemption clause in the insurance contract between the two parties clearly stipulated that if the engine was flooded, the insurance company would not compensate for the loss of the engine, and the place where Xiaofang repaired the car was not designated by the insurance company. The car sales company stated that within the scope of authorization, collecting insurance premiums in the name of an insurance company and delivering insurance documents to the policy holder on its behalf is a civil agency, and the consequences will be borne by the insurance company.
After trial, the court held that as to whether the plaintiff recognized that the losses in this case were exempted from liability by the defendant when signing the contract, and that the defendant "made a clear reminder to the plaintiff and the plaintiff made clear recognition" when signing the contract, the defendant did not Provide relevant evidence to the court. Therefore, the court did not accept the defendant’s defense opinion. The plaintiff's vehicle was damaged due to extreme weather, and the defendant had no evidence to prove that the plaintiff acted inappropriately. According to the basic principles for interpreting standard clauses, it should be considered that the plaintiff’s losses belong to the defendant’s right to claim. The defendant car sales company signed an insurance contract on behalf of the insurance company, and the consequences arising therefrom shall be borne by the insurance company. (The characters involved are all pseudonyms)