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本文评析的案例是一起典型的责任保险理赔纠纷。责任保险指被保险人依法应负的民事损害赔偿责任或经过特别约定的合同责任作为承保责任的一类保险,律师执业责任保险是其中的一种。我国律师责任险最早由平安保险公司率先在京沪两地推出。此后,司法部在2002—2006律师业五年发展纲要中.亦将律师责任保险作为建立健全律师责任赔偿制度的一个重要方面。律师责任保险对于转嫁律师责任风险,提高律师诚信,保护律师机构及当事人的合法权益,具有十分重要的意义。本文评析的案例所涉《律师执业责任保险统保保险合同》,是以被保险人律师事务所依法对委托人应负的责任为保险标的的保险。具体是指律师事务所律师在执业过程中,由于过错造成委托人的经济损失,依法应由被保险人律师事务所承担赔偿责任的,而由保险人负责赔偿的商业保险行为。本文评析的案例的争议焦点为:沪某所对虹乔公司承担的赔偿责任是否因执业律师私自对外接受业务而引起的,从而属于律师责任保险的免赔范围。通过承办该案的二审法官梳理本案.有助于我们加深对律师执业责任保险免责内容的认识。
This article analyzes the case is a typical liability insurance claims disputes. Liability insurance refers to the insured person according to law should bear the civil liability for damages or specially agreed contractual liability as a type of insurance coverage, legal liability insurance is one of them. The lawyer liability insurance in our country was the first to be launched by Ping An Insurance Company in Beijing and Shanghai. Since then, the Ministry of Justice has been implementing the lawyer’s liability insurance as an important aspect of establishing and improving the lawyer’s liability compensation system in the 2002-2006 five-year development of the lawyer’s profession. The lawyer liability insurance is very important for transferring the lawyer’s liability risk, improving lawyer’s honesty and credibility and protecting the legal rights and interests of the lawyer organization and the parties concerned. The cases analyzed in this article, “lawyer’s liability insurance, unified insurance contract” is based on the insured’s law firm in accordance with the law of the client’s liability is the subject of insurance insurance. Specifically refers to the law firm lawyers in the course of practice, due to fault caused by the client’s economic losses, according to the law by the insured law firm to assume liability for compensation, while the insurer is responsible for compensation for commercial insurance. This article analyzes the case of the focus of controversy: Shanghai and Hong Qiao Hong Co., Ltd. liability for compensation is due to practicing lawyers privately accept the business caused by, and thus belong to the scope of deductible liability insurance liability. Through the case, the second instance judge combed the case, which will help us deepen our understanding of the exemption content of lawyer’s liability insurance.