| No. 3 of Four Model Cases regarding Succession Disputes Published by the Supreme People's Court (Second Group): Yan [REDACTED] v. [REDACTED] Insurance Company (Case of dispute over a life insurance contract)—The claimant for discretionary inheritance of an estate is entitled to claim the benefits from a life insurance contract signed by the decedent | | 最高人民法院发布四个继承纠纷典型案例(第二批)之三：严某诉某保险公司人身保险合同纠纷案——遗产酌给请求权人有权主张被继承人人身保险合同利益 |
| Basic Facts | | 基本案情 |
| Xu [REDACTED] is a member of the collective economic organization of [REDACTED] Village and is a disabled person. In March 2020, the disabled persons' federation in the district where the village was located purchased a group life accident insurance, with Xu [REDACTED] as the insured and the insurance limit of 50,000 yuan. During the insurance term, Xu [REDACTED] died of drowning. | | 徐某系某村集体经济组织成员，为残疾人。2020年3月，其所在的区残疾人联合会为其投保了团体人身意外伤害险，徐某为被保险人，限额5万元。保险期内，徐某因溺水死亡。 |
| Yan [REDACTED] mainly took care of Xu [REDACTED] in his daily life and after Xu [REDACTED]'s death, Yan [REDACTED] made arrangements for Xu [REDACTED]'s funeral affairs. Xu [REDACTED] had no successors first in order and second in order. The collective economic organization to which Xu [REDACTED] was affiliated has undertaken to the court to waive the rights and interests under the insurance contract involved, and issued a written statement jointly with the local police station, acknowledging that Yan [REDACTED] was largely responsible for supporting Xu [REDACTED]. Yan [REDACTED] filed an action in the court and requested that the insurance company should pay him the insurance money. | | 徐某生前主要由严某负责照料生活；死后，由严某料理后事。徐某无第一顺序和第二顺序继承人，所在集体经济组织向法院承诺放弃案涉保险合同下的权益，并和当地派出所共同出具书面说明，认可严某对徐某扶养较多。严某向法院起诉，请求保险公司给付保险金。 |
| Judgment | | 裁判情况 |
| The trial court held that the insurance benefit under the insurance contract involved was Xu [REDACTED]'s estate. As a member of the collective economic organization of [REDACTED] Village during his lifetime, Xu [REDACTED] had no successors first in order and second in order. The local collective economic organization of the village has undertaken in writing to waive the rights and interests under the insurance contract involved. Yan [REDACTED] who was largely responsible for supporting Xu [REDACTED] was entitled to claim the insurance benefit under the insurance contract involved to [REDACTED] Insurance Company. Therefore, the trial court decided that [REDACTED] Insurance Company should, within ten days from the effective date of the judgment, pay Yan [REDACTED] the insurance money of 50,000 yuan. | | 审理法院认为，案涉保险合同项下的保险利益为徐某遗产。徐某生前作为某村集体经济组织成员，无第一顺序和第二顺序继承人，所在村集体经济组织已书面承诺放弃案涉保险合同下的权益，对徐某扶养较多的严某有权向某保险公司主张案涉保险合同项下的保险利益。遂判决：某保险公司于判决生效之日起十日内向严某给付保险金50000元。 |
| ．．．．．． | | ．．．．．． |
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