Legal counsel work summary

In another year of sincere cooperation, we are the perennial legal consultant of ## Insurance Company Zhejiang Branch. In the past year, we have made scientific decision-making and strong support in your company and all branches of the branch, especially the risk management department. With the extensive and hard work of the staff, through our unremitting efforts, the legal affairs of the branch has achieved good results. The old year has passed, and the new year has come to an end. In order to summarize the work and carry on the past to better carry out and complete the work of the new year, the work of the legal consultants over the past year is summarized as follows:

First, spare no effort to prevent false claims, in order to maximize the loss of the company.

Last year, Yuhang Branch Company had a retired employee, Fang Zhongliang, who used his position to collude with the repair shop, used automobile decks, false invoices, fake accidents and other illegal means, and obtained the purpose of earning or defrauding insurance money through litigation. . In cooperation with our branch customer service department and Hangzhou sales department, we not only smashed their attempts, but also won the Hangzhou Intermediate People's Court to transfer the case to the procuratorate for investigation. In two typical cases, the amount involved reached more than 140,000 yuan. Through our efforts, we have prevented the loss of the company. The specific circumstances of the two cases are as follows:

Together, they bought a used car in the name of another person and then applied the license plate of Henan Electric Power Company to create a unilateral insurance accident. The vehicle was falsely claimed to be owned by Fang Zhongliang’s mother, Gu Meizhen. In the name of the plaintiff Gu Meizhen, Fang Zhongliang was the agent to the Yuhang District People’s Court. Compensation lawsuit. The object of the lawsuit is more than 80,000 yuan. After the case occurred, through the investigation of Yongan Henan Company, the vehicle of Henan Electric Power Bureau had never been to Zhejiang, and when the accident occurred, the vehicle was parked in the power bureau compound and was not used. The Henan Electric Power Bureau, the owner of the real license plate, issued a certificate of ownership, which directly denied the fact that Fang Zhongliang submitted to the court that his mother was the owner of the vehicle. We have been to the public security and the courts, and have repeatedly responded to the Insurance Regulatory Bureau. After efforts, Fang Zhongliang withdrew the lawsuit from the court and gave up the claims of the vehicle.

A few months later, Fang Zhongliang filed a lawsuit against the other Baolai car in the Gongshu District People's Court in the name of his mother. The vehicle was also a unilateral accident that occurred in the dead of night. The traffic police accident certificate was reissued 10 days after the accident. Fang Zhongliang used a fake car repair invoice to claim compensation of nearly 60,000 yuan. In this case, the company's fixed-minded person was determined to damage more than 30,000 yuan. In the first instance, the legal personnel of the Hangzhou Sales Department participated in the lawsuit. The court of first instance fully supported Gu Meizhen’s claim.

The second instance of this case is the legal counsel as the litigation agent. At first, the judge of the Intermediate People's Court held that since the accident was real, it was unreasonable for the insurance company not to pay compensation. After many times of communication with the judges of the Intermediate People's Court, I proposed a powerful false forgery of false invoices and made a written report on the case of the Henan Electric Power Bureau, requesting the Intermediate People's Court to transfer the case to the Procuratorate for investigation. After two trials, the Intermediate People's Court revoked the first-instance judgment, dismissed all of Gu Meizhen's claims, and transferred the case at the request of the agent. The case is still under investigation.

In the above two accidents alone, through the efforts of our legal counsel, the company recovered economic losses of more than 140,000 yuan.

Second, actively participate in the processing of claims, and try to make the company in a favorable position in the litigation

Since many of the branches of the branch are involved in litigation work by the legal profession, there are not many cases in which the legal counsel is actually entrusted. More than ten cases have been entrusted in the past year. However, these cases have basically achieved good results. Here are some case descriptions.

In the Zhang Mao case in Binjiang District of Hangzhou, Zhang Mao drove a car and killed the person. After the case was settled, the relatives of the victim repented. The town standard was used as a lawsuit, and the infringer and the company were succumbed to the Binjiang District People's Court. At first, the presiding judge thought that in this case, the insurance company should make claims according to the urban standards. After three trials, after our unremitting efforts, we finally ruled that the insurance company would no longer bear the insurance liability.

Huzhou Maoxing Chemical Fiber Co., Ltd., the plaintiff Maoxing Chemical Fiber Co., Ltd. requested the company to assume the liability for insurance compensation, and this case has no disputes over the insurance liability in the process of claim settlement, but there is objection to the compensation amount. After receiving the entrustment, we obtained evidence from the Zhejiang Meteorological Bureau and the Huzhou Meteorological Bureau respectively. The evidence showed that there was no thunderstorm when the plaintiff claimed. So we dealt with the refusal, and then under the auspices of the judge, the case was mediated by a mediation plan that was clearly beneficial to our insurance company.

Shaoxing Kelida Textile Co., Ltd. insurance contract dispute case, the plaintiff Shaoxing Kelida Textile Co., Ltd. driver escaped after the accident, but our company did not properly fulfill the insurance disclaimer clause when insured, the first trial according to nearly 400,000 judgment of our company Responsibility for compensation, after the second trial, through efforts, the mediation was carried out with a plan of compensation of 230,000 yuan.

Under the efforts of the legal counsel, the Shaoxing County People's Court heard the case of personal injury compensation for road traffic accidents. In this case alone, the company recovered an economic loss of 200,000 yuan.

In the case of the theft of the Zhangzhou Photo Studio, the plaintiff filed a claim of 80,000 yuan. I checked the price of photographic equipment online, combined with the underwriting situation, and with the support of the judge, forced the plaintiff to agree to a mediation plan of more than 30,000 yuan.

Zhuji Lv Jianyun insurance contract dispute case, the disputed target of about 40,000 yuan, due to the company's underwriting when Lv Jianyun's vehicle has passed the annual inspection time limit, although our company has fulfilled the obligation of exemption clauses, but can not change our insurance can not protect the risk fact. The case is still in mediation. In order to reduce losses, we will fight for mediation in the amount of 5,000 to 10,000.

In the Wenzhou Hu Rong meeting, Guizhou Hu Ronghui seriously injured a level of disability after a traffic accident. The first instance of the case was attended by the company's legal personnel. The first-instance judgment included 50,000 yuan in nursing expenses and 230,000 yuan in follow-up treatment. After understanding the fact that Hu Ronghui died, the legal counsel asked Wenzhou Company to protest, but the Wenzhou Intermediate People's Court rejected the protest because the legal personnel did not pay the protest fee. Later, at the request of Wenzhou Company, the legal counsel went to Guizhou and obtained the key evidence needed for the case retrial. The case is facing implementation, and we are about to apply for a protest to initiate a retrial procedure.

It is undeniable that the current litigation environment is not beneficial to insurance companies. From the perspective of the protection of the weak, judges and arbitrators generally tend to be victims or insured in personal injury compensation cases and personal insurance contract disputes. For example, the Hangzhou business department Wang Qi personal insurance dispute case, the focus of the dispute is that non-medical insurance drugs should not be settled, our company has suffered a loss in the first instance of the second instance. However, the legal counsel is prepared to conduct a retrial lawsuit for the company free of charge, hoping to discuss it from a legal point of view.

Third, legal opinions and legal proposals were issued in accordance with the law to guide the branch offices and various departments of the company to carry out legal affairs in an orderly manner. The main performance is as follows:

In the case of the insurance contract of Huanfeng Petroleum Transportation Co., Ltd., the legal counsel of the case was an agent. Since the dispute originated from the unified insurance agreement signed between the institution and the insured, the legal counsel issued a legal proposal requesting the branch to strictly investigate similar agreements. .

A legal opinion was issued on the Huzhou Wang Qinqin labor dispute case. If the case is handled by other agents, the legal counsel has already reached the effective stage of the compensation judgment. The case was related to Wang Haoqin’s detention of insurance premiums. Based on the actual situation, the legal counsel put forward a practical plan. Under the cooperation of Huzhou Company, the understanding of the Huzhou court was obtained. The case has not been implemented so far.

In the Shaoxing Yu Xingfang labor dispute case, a legal opinion was issued, and legal documents such as the labor contract agreement and notice were drafted for the company's personnel department.

The Du Yidong labor dispute case was properly handled, persuading and forcing Du Yidong to withdraw the labor dispute arbitration application. Because Du Yidong has rich experience in insurance industry and good business resources, after many consultations, he has drafted a supplementary agreement with the labor contract and assisted in negotiations, and finally signed an agreement with Du.

Starting from the rich experience of responding to the lawsuit, the company's underwriting department is proposed to provide legal advice on the way to resolve disputes. Because the courts in Hangzhou, Zhejiang Province do not deal with the cross-insurance in the compensation for personal injury caused by all road traffic accidents, the Hangzhou Arbitration Commission will consider this when dealing with it. Therefore, it is recommended that the dispute resolution in Hangzhou area be agreed upon. Since the overall management of the Arbitration Commission is not as standardized as the court, it is recommended that the courts of the institutions other than Hangzhou agree on court litigation as a means of handling disputes.

Actively contact the China Youth Daily reporter to discuss the illegal execution of the Weifang court in Shandong. After the Wenzhou company underwritten a vehicle accident in Changle County, Shandong Province, the victim brought the infringer and Wenzhou company to the court. In the first instance, Wenzhou Company was sentenced to bear the economic compensation liability of 60,000 yuan, because it refused to accept the Wenzhou company to file a protest and paid the protest fee. However, while waiting for the stage of the protest, he waited for the executive judge of the court of first instance to not only execute the insurance compensation of 60,000 yuan, but also executed a fine of 160,000 yuan. After the legal affairs personnel of the branch office reported this situation to the consultant, I attached great importance to it. Many parties contacted the reporter of the China Youth Daily and asked them to intervene. At present, the interview process for the China Youth Daily has been completed, and the consultant is also preparing to go to the stage of understanding the situation. I believe that through hard work, things will make good progress.

Third, in order to standardize company management, review claims documents, strengthen training, provide advice, and continue to make suggestions.

The operation, management, and special claims service work of insurance companies may cause litigation risks if they are not noticed. At the request of the branch risk management department and the auto insurance management department, the legal consultant reviewed the company's claim documents one by one, and proposed amendments and improvements, and standardized them according to law.

The insurance business not only has economic attributes, but also has legal attributes. All business management activities of the company should be carried out within the framework of the insurance law. After the implementation of the new insurance law, the legal counsel submitted the “Import of the New Insurance Law to the Insurance Company” to the branch in a timely manner. At the same time, it discussed and studied with the relevant professional departments of the branch and prepared for the implementation of the new law.

In order to adapt the company to the new insurance law and let the claimants know and be familiar with the new insurance law, the legal counsel of Fuyang has legally trained the claimants and claimants of the subsidiaries under the branch to improve their legal awareness. Legal knowledge regulates professional behavior.

In the usual work, the consultant does not treat the case differently depending on whether the case is entrusted or not. For example, in the case of loss-enhancing cases together, although there was no entrustment, the company’s legal affairs asked for ideas, and I explained the response techniques and countermeasures to him in full. Usually, the claims management personnel of various agencies will consult when they encounter actual problems. For example, if a temporary license plate is used to drive out a traffic accident in a prescribed area, it should be settled. For example, when there is difficulty in communicating with the judge, such as property. The proportion of insurance claims, such as litigation case procedures, etc., I have always been patiently answered, carefully counseled, and made suggestions.

Fourth, review the salesman management contract and insurance business contract to eliminate non-compliance risks

The “Management Regulations for Salesmen” and the “Labor Contract for Salespersons” were reviewed, and corresponding legal advice was put forward on the contractual issues of some marketing personnel.

The “Agreement on Medical Liability Insurance” of Yongan Linhai Branch was reviewed and an opinion was submitted.

5. Working as a consultant, participating in business negotiations, assisting the work of various business management departments

In the past year, I have been working in a branch office at least once a week to deal with legal advice and consulting matters, and has never been interrupted. And as long as there is demand in each department, this consultant will arrange time to help solve.

The most prominent example of this is the Shaojia Bridge accident. I not only participated in the negotiations with the representatives of the insured Zhongtieqiao Bureau, but also put forward opinions on the specific case itself being insured by the insurer, and reviewed the text of the relevant agreement issued to the China Railway Bridge Bureau and the text of the power of attorney of the insured. and many more.

The above is a summary of our consultant work over the past year. Looking back on the past year, we have achievements and shortcomings. For example, it is not enough to make suggestions for the company. We are delighted to see that the company's business is booming and the company's operations are well-ordered. This is objectively inseparable from the hard work of our consultant lawyers. We apologize for the shortcomings in our work and sincerely hope that within 2019, we can work together to make up for the insufficiency of participating in the company's operation and management, providing legal basis for the company's scientific decision-making and improving the company's employees. The legal consciousness and the legal concept, using the legal knowledge as a weapon in the market economy, jointly do your company's legal affairs work better, truly safeguard the company's legitimate rights and interests, and strive to enhance the company's market competitiveness, so that the company can obtain Better social and economic benefits.