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Back台南地院判泰安產險須賠付200萬元意外身故保險金
台南地院判泰安產險須賠付200萬元意外身故保險金
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自由时报1 hour agoLaw2 min readChinaView translation

台南地院判泰安產險須賠付200萬元意外身故保險金

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陳姓男子主張其父於2024年元旦在家摔倒頭部受傷導致死亡,為意外事故,依其父所屬台南市零售攤販工會團體保險向泰安產險申請200萬元保險金。泰安以死因為疾病而非意外拒賠,台南地院調查後認定死亡與跌倒有相當因果關係,判泰安須理賠200萬元並加計利息,該案仍可上訴。

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Why It Matters

陳父為台南市零售攤販工會成員,工會曾為其投保泰安產險團體意外身故保險金200萬元,保約期間為2023年8月至2024年8月。

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陳姓男子主張父親是台南市零售攤販工會的會員,工會曾替其父向泰安產險公司投保意外身故保險金200萬元,陳父於2024年元旦凌晨在家爬樓梯踩空摔倒、頭部重創,被送醫後於1月8日死亡,是意外死亡,泰安卻以是病死、拒絕理賠。台南地院調查認定陳父是意外死亡、判泰安產險須理賠200萬元給死者兒子。

陳男表示,其父的泰安產險團體保險,保約期間從2023年8月初到2024年8月初,父親在2024年元旦凌晨0點許在家摔倒、撞傷頭部昏迷;當天凌晨2點許,其母發現後叫消防局救護車送醫急救、住院治療,仍不幸在1月8日傷重不治。

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陳男說,父親死因是跌倒致頭部外傷,再致顱內出血及肺炎,屬意外死亡,依保約向泰安產險申請理賠。泰安卻以陳父具有多種疾病,其跌倒是肺炎疾病導致肢體虛弱引起的,死因是疾病導致,非意外事故,拒絕理賠。

台南地院法官調查陳父的就醫病歷與檢方相驗報告書等事證、認為陳父肺部併發症與其跌倒後嚴重頭部外傷、持續昏迷、臥床與呼吸器治療,有連續且合理的醫學關聯,可以認定其死亡與跌倒所受頭部外傷之間,具有相當因果關係,堪認陳父死亡的主力近因確是跌倒頭部外傷造成的硬腦膜下血腫。

法官表示,根據相關病歷與成大醫院鑑定,無法認定陳父到醫院前心臟停止原因是肺炎、呼吸衰竭、心臟病逐步惡化等疾病所致,難以對泰安產險做出有利認定。因陳父主要死因是硬腦膜下出血,是保險法所稱的意外傷害,泰安應依保約給付200萬元保險金並加計利息給受益人兒子陳男;此案還可上訴。

What to Watch

AI outlook — possibilities, not facts

  • 泰安產險可能上訴至台灣高等法院台南分院

    Possible · Within weeks

Open Questions

  • 泰安產險是否會上訴此判決
  • 利息計算方式及金額是否已確定

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