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No. 4 of Four Model Cases of Safeguarding the Rights and Interests of Workers in New Forms of Employment Published by the Supreme People's Court: Where a worker in a new form of employment causes damage to another person during his performance of a work task and the relevant commercial insurance is liability insurance, the victim may claim indemnity to the insurer in the tort liability dispute in accordance with the law — Chen [REDACTED] v. Zhang [REDACTED], [REDACTED] Logistics Company, [REDACTED] Insurance Company, et al. (Non-motor Vehicle Traffic Accident Liability Dispute)
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四:陈某诉张某、某物流公司、某保险公司等非机动车交通事故责任纠纷案——新就业形态劳动者执行工作任务致人损害,相关商业保险属责任保险的,受害人可以依法在侵权责任纠纷中一并向保险人主张赔付
【法宝引证码】
  • Legal document: Judgment
  • Procedural status: Trial at First Instance
 
  
No. 4 of Four Model Cases of Safeguarding the Rights and Interests of Workers in New Forms of Employment Published by the Supreme People's Court: Where a worker in a new form of employment causes damage to another person during his performance of a work task and the relevant commercial insurance is liability insurance, the victim may claim indemnity to the insurer in the tort liability dispute in accordance with the law 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四:陈某诉张某、某物流公司、某保险公司等非机动车交通事故责任纠纷案
— Chen [REDACTED] v. Zhang [REDACTED], [REDACTED] Logistics Company, [REDACTED] Insurance Company, et al. (Non-motor Vehicle Traffic Accident Liability Dispute) ——新就业形态劳动者执行工作任务致人损害,相关商业保险属责任保险的,受害人可以依法在侵权责任纠纷中一并向保险人主张赔付
Basic Facts 基本案情
[REDACTED] Logistics Company was authorized to operate instant delivery business of the [REDACTED] Food Ordering Platform in a specific area. With the consent of [REDACTED] Logistics Company, Zhang [REDACTED] registered himself as a rider of the Food Ordering Platform, accepted the order delivery tasks assigned by the Company, and was paid remunerations by the Company. As the policy holder and insured, [REDACTED] Logistics Company purchased at [REDACTED] Insurance Company the employer's liability insurance, which included "insurance for accidents of delivery personnel and personal liability insurance," and Zhang [REDACTED] was an employee of [REDACTED] Logistics Company. Zhang [REDACTED] took an order on the [REDACTED] Food Ordering Platform. On his way to deliver the takeaway by driving an electric bicycle, he had a collision with Chen [REDACTED], resulting in Chen [REDACTED]'s fracture. Chen [REDACTED] filed a lawsuit with the people's court and requested that the people's court should order Zhang [REDACTED], [REDACTED] Logistics Company, and [REDACTED] Insurance Company to pay the medical expense, meal subsidy during hospitalization, and disability compensation. 某物流公司经授权在特定区域内经营某订餐平台的即时配送业务。张某经某物流公司同意注册为某订餐平台的骑手,接受该物流公司指派的订单配送任务,并由该公司发放工资。某物流公司作为投保人、被保险人在某保险公司处投保雇主责任险,含“配送人员意外险及个人责任保险”,雇员名称为张某。张某通过某订餐平台接单,驾驶电动自行车送餐途中,与陈某发生碰撞致陈某骨折。陈某诉至法院,请求判令张某、某物流公司、某保险公司赔偿医疗费、住院伙食补助费、残疾赔偿金等。
Adjudication Results and Reasoning 裁判结果及理由
The court of first instance decided that [REDACTED] Insurance Company should pay indemnity to Chen [REDACTED] and the shortfall shall be paid by [REDACTED] Logistics Company. The judgment of first instance has taken legal effect. 一审法院判决某保险公司赔偿陈某保险金,不足部分由某物流公司赔付。一审判决已经发生法律效力。
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