Article 30 of the Insurance Law stipulates that "the insurer shall be liable for compensation for damages caused by the performance of moral obligations."
The core of this article is that even if the cause of the accident is the insured's intentional or negligent act "in order to rescue others or based on morality", the insurance company should still fulfill its liability for compensation, as an exception to the liability exemption in Article 29.
Legal Explanation: Moral Obligations
Legal provision: Insurers shall be liable for damages caused by the performance of moral obligations.
Legislative purpose: To encourage citizens to fulfill their social and moral obligations (such as saving lives and rescuing property), and even if such behavior results in damage to the insured property, it shall not exempt the insurance company from liability.
Practical Applications:
Rescue actions: If your own vehicle is damaged while rescuing a drowning person, the insurer shall provide compensation.
Not purely intentional: Even if the risk is caused "intentionally", if it is a moral act performed to save a life, the insurer is still required to compensate and make up for the insured's damages.
Relationship with Article 29: This is an exception (limitation) to the "unforeseen danger" clause. Even if the danger is not entirely unforeseen, the insurer cannot be exempted from liability as long as it is in accordance with moral obligation.
In summary, according to the above legal provisions, if a person voluntarily donates part of their liver to a relative due to the relative's medical needs, they are fully entitled to claim compensation.
#: The backdoor the law leaves for heroes
When heroes are wounded, the law protects them; this law is written for kind-hearted people.
Even if you are injured intentionally, as long as it is out of a moral obligation, the insurance company is obligated to provide compensation.
Insurance is not gambling; knowledge is your leverage!
The real risk is not illness or accidents.
Instead, when something actually happens, they don't know what rights they have.
The truly wealthy are those who know how to protect themselves with knowledge.
May this world be kinder because of you and me.
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