228: If you lose the lawsuit, you have to pay 650,000 yuan?

At the insurance company's side, Ren Jingcheng didn't come; the Legal Director came by himself.

The Presiding Judge delivered the verdict, and the reasoning part of the judgment was very long.

"This Court believes that in this case, the insurance contract did not clearly define the scope and meaning of 'disease,' and given that the parties have a dispute over this insurance clause, according to Article 30 of the Insurance Law, an interpretation favorable to the insured and the beneficiary should be made."

"Furthermore, there is no evidence in this case to prove that Duan Liwei's death was caused by a combination of his own illness and the high-temperature working environment; therefore, it can be concluded that Duan Liwei's death was entirely caused by external factors such as high temperature."

"This aligns with the characteristics of accidental injury—external, sudden, and unintentional—and is also consistent with the insurance benefits expected by both parties when the insurance contract was signed, without exceeding the aleatory scope of the insurance contract..."

"In summary, the judgment is as follows: The defendant, Guotai Insurance Company, shall pay the plaintiff Duan Liwei's family 650,000 yuan in insurance benefits within ten days after this judgment becomes effective."

"The litigation costs of this case shall be borne by the defendant..."

The main point was that the insurance company itself did not clearly define 'disease,' and they also failed to prove that the person's death was caused by a combination of his own illness and high temperature.

Therefore, it was a death due to high temperature, which met the conditions for accidental injury, and full compensation should be paid.

After the verdict, the Presiding Judge was ready to answer post-judgment questions, but the Legal Director had no interest in listening and immediately said, "We will appeal."

Although he guessed they might lose, losing so decisively was still a bit frustrating.

Therefore, under such circumstances, an appeal was necessary; even if it was just to follow procedure, they had to appeal.

The Presiding Judge showed no surprise upon hearing this and immediately began registering the appeal. He thought, 'Go ahead and appeal this case; there's no way the judgment will be overturned anyway.'

On Zhou Yun's side, Sun Yiling excitedly said, "Lawyer Zhou, this... we should be able to win the second instance too, right?"

It wasn't that she was cold-blooded or anything; her husband was already dead, and now having such a sum of money to repay debts would truly be the best outcome.

During this period, she truly felt as if a stone was pressing on her chest even in her dreams at night; she was too exhausted.

Her children were still young, and her elderly parents also needed support; with her personality, she couldn't just walk away and abandon her responsibilities.

So, she genuinely wanted to get the money now, at least to pay off the debts, and then life would be a little easier.

Zhou Yun smiled upon hearing this and said, "Normally, we should win, Ms. Sun. You don't need to worry too much. Since I've taken the lawyer's fee, I will definitely see this through for you."

In fact, the second instance hearing at the Hexi Province Higher People's Court came faster than expected; they held a simple hearing and then issued a judgment: appeal dismissed, original judgment upheld!

For a second instance, they would uphold the original judgment whenever possible, especially for cases that had been consulted on previously; there was even less hesitation then, they would just uphold it directly.

When the judgment came down, Ren Jingcheng's face turned ashen; they had lost the case.

Before the trial, they had thought there was no way they could lose this case, especially since they had won similar cases before.

This was also a tradition in the industry; heatstroke was generally exempt from compensation.

But now, that Zhou Yun had actually managed to turn it around.

Zhou Yun had originally planned to talk to the two of them about the payment, but they didn't even want to speak and just wanted to leave.

Alright, if they didn't want to talk, then so be it. Zhou Yun went directly to the second instance Presiding Judge.

"Judge Yu, hello, hello. I previously searched for similar cases and felt that our case is very typical and has guiding significance. I think perhaps we could apply for it to be a typical case or be included in the case database?"

A guiding case was impossible; this case hadn't reached that level.

However, Zhou Yun believed that inclusion in the case database would definitely not be a problem.

Article 19 of the "People's Court Case Database Construction and Operation Work Procedures" stipulates: When hearing cases, people's Courts at all levels shall search the People's Court Case Database, strictly adhere to laws, judicial interpretations, and normative documents, and refer to similar cases in the database when making judgments.

Although cases in the database are only for reference, this already had value.

It meant that if a judge did not refer to a case in the database in the future, an appeal could be filed on that ground.

In a sense, it also had a certain guiding value.

The Presiding Judge smiled and nodded upon hearing this, saying, "Lawyer Zhou, now that you mention it, I also think we can apply for it. This case is quite typical."

"We really need a standard in this area; otherwise, when an accident happens, there will be disputes, and it's quite difficult for ordinary people to protect their rights."

For a case to be included in the database, it needed to go through multiple levels of approval, with the main approval department being the relevant business department of the Supreme Peoples Court, all following a set procedure.

Zhou Yun immediately said, "That's indeed the case. I also believe it's best to improve it as much as possible, after all, ordinary people don't understand these things. Having a reference case would be helpful."

Although the Insurance Law stipulates that ambiguous clauses should be interpreted in favor of the insured, the premise is that you must assert your rights.

Protecting rights is too difficult; litigation fees are one thing, but what about lawyer fees? Not to mention that you also have to bear the lawyer's travel expenses for meals and accommodation.

So, Zhou Yun was actually thinking about whether it would be possible to add a provision in legislation, stating that in insurance disputes, the costs incurred during the rights protection process could be borne by the losing party.

But that was difficult to even imagine...

Even for labor disputes, after so many years, only Shenzhen has a regulation that if the worker wins, lawyer fees under 5,000 yuan can be borne by the employer.

And that was because Shenzhen was a special economic zone...

While they were chatting happily here, Ren Jingcheng and the other person, who had already reached the door, were stunned.

What they feared most had come to pass. Losing the lawsuit was actually not that big of a deal; 600,000 yuan was really nothing for an insurance company.

The key was the potential aftermath triggered by this case.

And now, this Zhou Yun even specifically mentioned it; they didn't even know how to evaluate this behavior!

What did getting included in the database have to do with him? Why did he have to bring it up?

After Zhou Yun finished chatting with the Presiding Judge, he took Sun Yiling and walked out. As they passed the two of them, he casually said, "The second instance judgment means it's effective. Gentlemen, please pay the money as soon as possible."

Leaving that remark, Zhou Yun and Sun Yiling departed.

Ren Jingcheng looked at the Legal Director and sighed, "Old Xie, why are there people like Zhou Yun in this world..."

Outside the Court, Zhou Yun said, "Alright, Ms. Sun, there are no more issues with the insurance. Just wait for the compensation. If there's no movement after five days, I'll go find them."

Sun Yiling said gratefully, "Lawyer Zhou, thank you so much, I..."

She had originally invited Zhou Yun to see if they could get some money from the employer, but she never expected him to get money from the insurance company first.

Zhou Yun waved his hand, "Don't rush to thank me yet; there will be a time to thank me later. Let's head back first."

.........

Claims Adjuster Xiang Yufeng received a call from his superior: "Huh? We lost the lawsuit? We have to pay 650,000 yuan?"