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Multi-insuring OK: Grand Justices
FINAL APPEAL:
The victim of an assault in China had
to appeal to the Council of Grand Justices to recover the insurance payout he desired, but another hearing awaits
By Jimmy Chuang
STAFF REPORTER
Saturday, Apr 24, 2004, Page 2
The Council of Grand Justices yesterday declared that taking out multiple insurance policies was acceptable.
The council made the announcement in its Interpretation No. 576 to the Constitution. The article followed an appeal against a Supreme Court decision by businessman Lu Wan-lai (§f¸U¨Ó), whose insurance companies refused to approve payment after he was injured in China.
"The justices decided that Lu's arguments were reasonable," said Judicial Yuan Secretary-General Fan Kuang-chun (S¥ú¸s).
"They therefore decided that the case should be reopened. Lu is consequently permitted to appeal again to the Supreme Court; the Supreme Court shall then decide whether the case shall be heard again," he said.
The justices ruled that Lu's appeal could be upheld based on a reading of Article 22 of the Constitution.
Article 22 states that "all other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the Constitution."
According to the evidence submitted, Lu purchased insurance policies for himself with Cathay Life Insurance for NT$3.6 million, Nan Shan Life Insurance for NT$1.8 million, Shinkong Life Insurance for NT$4 million, Massmutual Mercuries Life Insurance for NT$2 million, the Central Trust of China for NT$1 million and ING Antai Life Insurance for NT$2 million between 1995 and 1996.
In April 1996, Lu's left hand was chopped off by assailants during a robbery while he was in Guangzhou Province.
Although the hand was reattached after surgery, certain functions were permanently lost, resulting in him being considered legally handicapped.
After returning to Taiwan, Lu applied for payouts from the six insurance companies.
However, the companies told him that he was not supposed to purchase the same insurance policy at the same time with different companies, and that only Cathay would pay him NT$3 million.
Lu then filed a civil suit.
The District Court's verdict, upheld by the Taiwan High Court and the Supreme Court, found that Lu's multiple insurance policies were invalid.
The District Court ruled that only Cathay, which provided the first insurance policy for Lu, had to pay up.
Lu then applied to the Council of Grand Justices to appeal, which was granted.
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