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No.2 of Model Cases Involving China (Shanghai) Pilot Free Trade Zone Tried by the People's Court of Pudong New Area, Shanghai Municipality: Sales Department of China Continent Insurance Co., Ltd. v. Chen and Shanghai Master An Auto Services Co., Ltd. (case about dispute over the insurer's exercise of subrogation)
上海市浦东新区人民法院涉自贸试验区典型案例之二:中国大地财产保险股份有限公司营业部与上海安师傅汽车驾驶服务有限公司、陈良元保险人代位求偿权纠纷案
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No.2 of Model Cases Involving China (Shanghai) Pilot Free Trade Zone Tried by the People's Court of Pudong New Area, Shanghai Municipality: Sales Department of China Continent Insurance Co., Ltd. v. Chen and Shanghai Master An Auto Services Co., Ltd. (Case about dispute over the insurer's exercise of subrogation) 上海市浦东新区人民法院涉自贸试验区典型案例之二:中国大地财产保险股份有限公司营业部与上海安师傅汽车驾驶服务有限公司、陈良元保险人代位求偿权纠纷案
--The insurer has the right to exercise subrogation for vehicle loss insurance against the paid designated driver. --保险人有权向有偿代驾人行使车辆损失保险的代位求偿权
(1) Basic Facts 一、基本案情
Tao covered the family car loss insurance for the vehicle he owned at China Continent Insurance Co., Ltd. (hereinafter referred to as “CCIC”). According to the insurance contract, during the period of insurance, the insurer should be responsible for compensating losses to the insured vehicle caused by the insured or the legal driver he permitted in the use of the insured vehicle. When Tao's father surnamed Qian drove the insured vehicle to dine out, due to alcohol drinking, he needed a designated driver. Shanghai Master An Auto Services Co., Ltd. (hereinafter referred to as “Master An Company”) designated a driver surnamed Chen to drive the vehicle home for him. On the way, the insured vehicle had a traffic accident, which caused the vehicle loss of CNY26,500 and other losses, and Chen was fully responsible for the traffic accident. CCIC paid Tao CNY26,500 for the vehicle loss insurance compensation. CCIC held that it has paid the insured the vehicle loss insurance compensation and legally obtained the insurer's subrogation. Therefore, it required that Chen and Master An Company should jointly and severally pay the aforesaid insurance compensation. Chen and Master An Company held that the designated driver surnamed Chen was a legal driver permitted by the insured and Chen had the legal status of the insured, and thus CCIC had no right to file a claim for recovery against Chen. 陶某为其所有的车辆向大地保险公司投保家庭自用汽车损失保险,约定:保险期间内,被保险人或其允许的合法驾驶人在使用被保险机动车过程中造成的被保险机动车的损失,保险人依照保险合同的约定负责赔偿。陶某的父亲钱某驾驶投保车辆外出就餐,因饮酒需代驾,安师傅公司指派代驾司机陈某驾驶,途中投保车辆发生交通事故,造成车损26,500元及其他损失,陈某负全责。大地保险公司赔付陶某车辆损失保险金26,500元。大地保险公司认为其已向被保险人赔付车辆损失保险金,依法取得保险人代位求偿权,要求陈某、安师傅公司连带支付前述保险理赔款。陈某、安师傅公司认为代驾司机陈某属于被保险人允许的合法驾驶人,具有被保险人的法律地位,大地保险公司无权向其进行追偿。
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