Case Represented by Dacheng Selected as Sunshine Judicature Model by Yunnan High People’s Court
A liability insurance case (PICC Property and Casualty Company Limited Chuxiong Branch v. Employer of Yiwanshui Pit, Malishu Coal Mining Area, Shuangbai County, Chuxiong) tried at a court of second instance in Yunnan was selected by Yunnan High People’s Court as a model case for its “Sunshine Judicature Initiative”. The trial was held publicly at the grand courtroom of the People’s Court of Chuxiong on August 17, 2012. Vice President Li Siming, 2nd Civil Court Deputy Chief Judge Lu Jun and Judge Yang Hong of Yunnan High People’s Court constituted the collegiate panel. Over 200 local residents, deputies of the municipal people’s congress, members of the political consultative committee, representatives from major insurance companies and people from all circles heard the trial, which was reported by a number of provincial- and municipal-level news media. Xinhuanet’s Yunnan-based office even did a live broadcast of the trial.
The three-hour court session was devoted mainly to a debate by the opposing parties over whether the insurance company should be liable for insurance indemnity. After the trial, attorneys He Haojun and Xu Pengwei were invited to an exclusive interview by City Bar Code, a local social news program in Yunnan. The expertise of Dacheng exemplified by the two attorneys and their accurate interpretation of insurance laws gained recognition from all local insurance companies.
On the afternoon of that day, attorneys He Haojun and Xu Pengwei were invited to a forum organized by the High People’s Court of Yunnan on the judicial adjudication of insurance contract disputes in Chuxiong. Guests participating at the forum included judges from the High People’s Court of Yunnan, the Intermediary People’s Court of Chuxiong Prefecture and the People’s Court of Chuxiong, as well as representatives from China Insurance Regulatory Commission Yunnan Bureau, Insurance Association of Chuxiong and major insurance companies. They discussed and analyzed key difficulties in settling insurance contract disputes, law interpretation and application and practical issues in judicial adjudication in Yunnan province and offered advice and suggestions accordingly.