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No. 2 of Four Model Cases of Safeguarding the Rights and Interests of Workers in New Forms of Employment Published by the Supreme People's Court: Whether it is "work related to the business (of an enterprise)" as specified in the relevant liability insurance for new forms of employment shall be determined through comprehensive examination in light of the specific insurance claim circumstances, the necessity of the relevant acts for the completion of the business-related work, and other factors — [REDACTED] Catering Delivery Company v. [REDACTED] Insurance Company (Dispute over a Liability Insurance Contract)
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最高人民法院发布4起新就业形态劳动者权益保障典型案例之二：某餐饮配送公司诉某保险公司责任保险合同纠纷案——是否属于新就业形态相关责任保险中的“业务有关工作”，应当依据具体理赔情形，结合相关行为对于完成业务工作的必要性等因素综合审查认定
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【法宝引证码】
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- Legal document：
Judgment
- Procedural status：
Trial at First Instance
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| No. 2 of Four Model Cases of Safeguarding the Rights and Interests of Workers in New Forms of Employment Published by the Supreme People's Court: Whether it is "work related to the business (of an enterprise)" as specified in the relevant liability insurance for new forms of employment shall be determined through comprehensive examination in light of the specific insurance claim circumstances, the necessity of the relevant acts for the completion of the business-related work, and other factors | | 最高人民法院发布4起新就业形态劳动者权益保障典型案例之二：某餐饮配送公司诉某保险公司责任保险合同纠纷案 |
| —[REDACTED] Catering Delivery Company v. [REDACTED] Insurance Company (Dispute over a Liability Insurance Contract) | | ——是否属于新就业形态相关责任保险中的“业务有关工作”，应当依据具体理赔情形，结合相关行为对于完成业务工作的必要性等因素综合审查认定 |
| Basic Facts | | 基本案情 |
| [REDACTED] Catering Delivery Company purchased the employer's liability insurance from [REDACTED] Insurance Company. [REDACTED] Catering Delivery Company was the insured, the insurance amount (limit for each person) was 650,000 yuan, the job type of employees was a delivery rider, and Kan [REDACTED] was the only employee. The column of "Special Agreement" in the insurance policy states that this insurance policy includes additional personal third-party liability, i.e., covering direct actual losses including personal casualties or property damages of third parties other than the insured and the insured's employees due to accident or negligence of the employees when they engage in work related to the business of the insured as specified in the insurance policy within the validity period of the insurance policy, with an aggregate limit of 400,000 yuan. Assigned by [REDACTED] Catering Delivery Company, Kan [REDACTED] drove his electric bicycle to the hospital designated by the Company to obtain a health certificate. On the way to the hospital, Kan [REDACTED] collided with Qian [REDACTED] and Qian [REDACTED] was injured. The traffic police department determined that Kan [REDACTED] was fully liable for the accident and Qian [REDACTED] was unaccountable. [REDACTED] Catering Delivery Company filed a claim with [REDACTED] Insurance Company after actually paying Qian [REDACTED] compensation of 71,000 yuan. [REDACTED] Insurance Company held that the traffic accident did not occur on the way of Kan [REDACTED] to deliver food, the obtaining of a health certificate was "work related to the business of the insured," and the compensation liability for the traffic accident was not within the scope of insurance coverage. So, it refused to pay indemnity. [REDACTED] Catering Delivery Company filed a lawsuit with the people's court and requested that the people's court should order [REDACTED] Insurance Company to pay indemnity of 71,000 yuan within the scope of insurance coverage. | | 某餐饮配送公司向某保险公司投保雇主责任险，被保险人为某餐饮配送公司，保险金额（每人限额）65万元，雇员工种为外卖骑手，雇员1人“阚某”。保单“特别约定”栏载明，本保单附加个人第三者责任：承保对被雇佣人员在本保险单有效期内从事本保险单所载明的被保险人业务有关工作时，由于意外或者疏忽，造成被保险人及其雇员以外的第三者人身伤亡或者财产损失的直接实际损失，保障限额40万元。阚某经某餐饮配送公司指派，驾驶电动自行车前往公司定点医院办理健康证明，途中与钱某发生碰撞，致钱某受伤。交警部门认定阚某负事故全部责任，钱某无责。某餐饮配送公司实际赔偿钱某7.1万元后，向某保险公司申请理赔。某保险公司认为，该交通事故未发生在阚某送餐途中，办理健康证明不属于从事“被保险人业务有关工作”，该交通事故赔偿责任不属于保险责任范围，拒绝赔偿。某餐饮配送公司诉至法院，请求判令某保险公司在保险责任范围内赔偿7.1万元。 |
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