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Chapter 144 Second consecutive verdict, key defense and prosecution(1/3)

 The court recess is over.

In the voice of the clerk announcing that the court will be reopened.

Du Linmu, Zhang Huan, and Li Chengxiu once again took the court seat.

Boom!

The gavel struck.

The dull voice echoed in the court hearing.

All parties in the trial at the scene have certain psychological expectations for the subsequent judgment.

But at this time, some people are still a little nervous.

Especially He Dongsheng.

Feeling uneasy, he stared anxiously at Du Mulin at the presiding judge's seat.

Du Linmu sat on the presiding judge's seat, briefly sorted out the materials in his hands, and then slowly spoke:

"Now we will judge the subjectivity of whether He Dongsheng committed insurance fraud against Quan'an Insurance."

Whether He Dongsheng is guilty or not, the most critical point is whether it constitutes insurance fraud. The core of insurance fraud is for the purpose of illegal defrauding.

Subjectivity is the most critical core judgment issue in this case.

Boom!

"Based on the trial pleas of all parties and relevant evidence."

"1: Quan'an Insurance's questioning of He Dongsheng and its questioning of He Dongsheng's mother are inductive and are invalid evidence."

"Two: The testimonies of colleagues and friendly friends do not meet the standard of evidence substantiation, and there is no strong factual basis for explanation."

"Three: According to the evidence provided, He Dongsheng was injured when the machine suddenly started operating while he was working.

During this process, the sudden start of the machine may be due to He Dongsheng's intentional behavior, or it may be due to a malfunction of the machine."

"Although the probability of machine failure is small, it is not impossible. Therefore, it cannot be concluded that He Dongsheng deliberately started the machine to cause his own disability and used it to illegally defraud insurance."

"Four: According to Quan'an Insurance, He Dongsheng purchased a huge amount of insurance and suffered an accidental disability within a short period of time after purchasing the huge amount of insurance."

"According to He Gongsheng's statement and evidence, He Dongsheng bought insurance because of the enthusiasm of the salesperson, so he bought a huge amount of insurance.

There is no established legal causal relationship between this behavior of purchasing a huge amount of insurance and the unexpected situation that occurs within a short period of time after the insurance is purchased and effective."

"Based on the above."

"It was determined that He Dongsheng did not defraud Quan'an Insurance Company of insurance money for illegal purposes, and the subjective performance was unintentional."

Boom!

"Do the parties to the lawsuit have any objections to the above determination...?"

This judgment was announced directly. He Dongsheng did not cheat the insurance.

After He Dongsheng heard this judgment, his nervousness slowly relaxed.

Although the presiding judge did not say that he was innocent, he could still tell that this was a positive judgment.

In the litigation seats of all parties, prosecutor Hu Bing was the first to speak:

"Presiding judge, we have no objection to this judgment."

Su Bai: "We have no objection."

In the safety seats, Li Shuangjun and Gu Bin had already expected this decision.

There was not much surprise on the faces of the two people, just a little bit of disappointment.

At the same time, it also aroused a certain degree of vigilance, because this judgment laid a certain foundation for Su Bai to accuse Quan'an Insurance of malicious accusation.

The next court hearing is the most critical.

After clarifying this relationship, Li Shuangjun nodded slightly: "Presiding Judge, we have no objection."

Dong Dong Dong!

Presiding judge Du Linmu continued: "All parties have no objection to the conclusion that He Dongsheng did not have the subjective purpose of illegally defrauding insurance money."

"Then the trial and defense will continue."

"Now, we would like to further confirm the request of the litigant."

"Litigant, your claim is to ask Quan'an Insurance to compensate He Dongsheng for the insurance amount he deserves."

"And."

"Accused Quan'an Insurance of making a malicious accusation against He Dongsheng, and demanded that the relevant responsible persons be held accountable and compensate He Dongsheng for his mental losses."

"Is the above accurate?"

Su Bai: "President, our claims above are accurate."

Dong Dong Dong!

"Okay!"

"Confirm the litigation claims of the litigant, then summarize the litigation claims."

"One: Require safety insurance to make due compensation."

"Two: Accuse Quan'an Insurance of malicious accusations and pursue liability and compensation."

"Now let's plead the first point."

"The litigant invites you to make a statement."

"Good judge."

Su Bai nodded slightly and asked Safety Insurance to make due compensation. There is no problem with this because there is a contract.

And the claim is within the due scope.

Even Li Shuangjun and Gu Bin, the two legal counsels of Safety Insurance, have done in-depth research on insurance cases, but they cannot escape the restrictions of the contract.

If the insurance company could confirm that He Dongsheng could not win the lawsuit in accordance with the contents of the contract.

Then it is impossible to sue He Dongsheng to court in the name of insurance fraud.

Therefore, there will not be any problems in asking the insurance company to compensate for this.

You can definitely win the case.

"Presiding judge, it has been proven based on the contract material evidence provided by us."

"First, it was a personal accident on our side, which complied with the provisions of the contract."

"Second, the time for permanent disability caused by our personal accident was within the time specified in the contract, which means that we did not exceed the time limit."

"Third, the compensation we applied for is within the contract materials submitted and does not exceed the reasonable range."

"Presiding Judge, we have finished our statement."

After saying that, Su Bai calmly looked at the seat of the party being sued.

At the seat of the party being sued.

Li Shuangjun and Gu Bin didn't pay much attention to Su Bai's suggestion that Safety Insurance should compensate He Dongsheng.

Because once this case is decided and He Dongsheng is not guilty, his claim for insurance compensation will be within a reasonable range.

The stipulations in the contract are clearly written, and it is impossible for them to say that they do not comply with the contract or the law.

Moreover, even if they wanted not to compensate, Su Bai would not give them this chance.

The expressions of the two people were dull, and they seemed to have no intention of refuting.

On the bench, Du Linmu knocked the gavel.

Dong Dong Dong!

"Regarding the statements made by the litigants, does Quan'an Insurance Company have anything to say?"

Li Shuangjun knew that rebuttal was useless, so he might as well be direct:

"The litigant's statement is based on the contract, and He Dongsheng's claim is reasonable."

"Since there is nothing wrong with the contract and the court has determined that He Dongsheng's subjectivity was not intentional insurance fraud, our Quan'an Insurance Company will compensate He Dongsheng in accordance with the law."

"Presiding Judge, we have no objections to the litigants' statements."

Tsk tsk tsk.…

Listen, listen.

The scene was so well-spoken and accurate, but I knew that there would be no benefit to be gained by pleading in this regard.

Li Shuangjun instantly changed his strategy, stating that compensation should be paid, compensation should be compensated, and he should act in accordance with the contract.

If it weren't for the legal affairs of Quan'an Insurance Company, he was brought to court in the name of insurance fraud.

Su Bai really believed this after hearing this.
To be continued...
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