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In this case, if the damage to your home is solely due to property liability, then he should be liable for your compensation.
Depending on the situation, if you have personally insured the house, and the insurance company's compensation is lower than the actual total loss, this situation shows that the insurance liability is less than the total loss liability, then the difference in compensation between these two liabilities should be borne by the property management company, provided that it is borne by law.
In addition, the insurance company also has the right to recover the "portion of the compensation made to you" from the property owner.
In your case, it is recommended that you sue the property company jointly with the insurance company, you can get the remaining compensation, and the insurance company can also recover the loss, which is very feasible in the case of a large amount of loss.
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The landlord's insurance should be a comprehensive family property insurance, and the small amount of compensation you receive may be due to the low amount of insurance in the first place. I don't know if you received a letter of transfer of rights and interests when you received the compensation, this letter of transfer of rights and interests simply means that you transfer a certain amount of rights and interests to the insurance company to claim from the property, of course, the amount of this right is limited to the amount of compensation you receive, for example, you lost 1 million and received 200,000 compensation from the insurance company, then you will transfer the rights and interests of 200,000 to the insurance company, and you now only have 800,000 rights and interests to claim from the property.
In addition, you refused to pay the property fee after the house was burned down, so the claim and the malicious arrears of the property fee are completely different things, don't pay attention to him, the landlord should use legal means to take the property to court, although you have to bear a little lawyer fee but save a lot of worry.
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Legal analysis: (1) registration and filing; (2) Document review; (3) On-site investigation; (D) the responsibility to recognize the hail of the year Tongding; (5) Calculation and payment of compensation; (Liuquehua) subrogation.
Legal basis: Insurance Law of the People's Republic of China
Article 57 When an insured event occurs, the insured shall try its best to take necessary measures to prevent or reduce losses. After the occurrence of an insured event, the insurer shall bear the necessary and reasonable expenses paid by the insured to prevent or reduce the loss of the insured object; The amount of expenses borne by the insurer shall be calculated separately from the amount of compensation for the loss of the subject matter of the insurance, and shall not exceed the amount of the insured amount.
Article 64 The insurer shall bear the necessary and reasonable expenses paid by the insurer and the insured to ascertain and determine the nature and cause of the insured accident and the extent of the loss of the insured subject.
Article 6 If the insured of the liability insurance is brought for arbitration or litigation due to an insured accident that causes damage to a third party, the arbitration or litigation costs and other necessary and reasonable expenses paid by the insured shall be borne by the insurer unless otherwise agreed in the contract.
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According to the provisions of the Insurance Law and the insurance contract, the scope of liability for compensation for losses that the insurer shall bear mainly includes: (1) the actual loss of the subject matter of the contract caused by the insured accident or the agreed accident or other liabilities arising therefrom; The second is the relevant expenses paid by the insured party for taking measures to reduce the losses within the scope of insurance liability, including rescue costs, protection and finishing costs, as well as the costs of inspection, appraisal, valuation and other expenses paid to determine the losses within the scope of insurance liability. After receiving the written request for compensation from the insured, if the insurer finds that it is within the scope of insurance liability and should be compensated, it shall pay the insurance compensation to the insured in a lump sum in accordance with the provisions of the law and the insurance contract; If the payment is overdue or paid in installments, it shall pay a late payment penalty for late payment to the insurance party in accordance with the provisions of the law and the insurance contract, or bear the corresponding liability for breach of contract.
1. Liability for breach of contract of the property insurance policyholder.
1. The insured party does not pay the insurance premium within the time limit agreed in the property insurance contract. After the occurrence of such a breach, it may lead to two legal consequences, one is the termination of the property insurance contract, and the other is the payment of insurance premiums and interest. In the event of termination of the insurance contract by the insurer, the liability of the policyholder is manifested as:
If the insurance premium and interest owed before the termination of the insurance contract are paid, the insurance premium and interest paid by the insurance brother are equivalent to liquidated damages. Since the insured property at the time of signing the contract is not protected by the contract after the termination of the insurance contract, the insurance premium and interest paid after the termination of the property insurance contract are a kind of punitive liquidated damages.
2. The insured party did not take active measures to avoid the expansion of losses after the occurrence of the insured accident, nor did it notify the insurer of the occurrence of the accident in a timely manner, and the direct result of the breach of the property insurance contract is the expansion of losses. According to the provisions of the Insurance Law and other laws, regulations and policies, the insured party shall be liable for the enlarged part of the loss caused by its fault. The insurer will only be liable for the normal property damage after the insured party has taken positive measures.
Here, Century Insurance would like to remind the policyholder that if the insured party is unable to carry out effective rescue after the accident, or the rescue measures are not taken in time due to normal reasons or factors other than will, resulting in the loss of the policyholder, the insurer shall still be liable for the full compensation for the loss.
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Legal analysis: If part of the loss occurs in the front belt of the subject of insurance, within 30 days from the date of compensation of the insurer, the insurer can terminate the company; Unless otherwise agreed in the contract, the insurer may also terminate the contract, but shall notify the policyholder 15 days in advance.
Legal basis: Article 1 of the "Enterprise Property Insurance Clause" The following properties can be within the scope of insured property:
1. Property owned by the insured or shared with others for which the insured is responsible;
2. Property managed by the insured or kept on behalf of others;
3. Have other legally recognized property in which the insured has an economic interest.
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If part of the loss of the subject matter of the insurance occurs, the policyholder may terminate the contract within 30 days from the date of compensation by the insurer; Unless otherwise agreed in the contract, the insurer may also terminate the contract, but shall notify the policyholder 15 days in advance. Article 1 of the "Enterprise Property Insurance Clause" The following property may be within the scope of the insured property: 1. Property owned by the insured or jointly owned by others and for which the insured bears the royal responsibility; 2. Cultivation and grinding of property operated and managed by the insured or kept on behalf of others; 3. Have other legally recognized property in which the insured has an economic interest.
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Enterprise property insurance claim process: shouting ruler.
Clause. 1. Report the case in a timely manner. After the occurrence of a high-risk accident in the enterprise, it must notify the insurance company in time. After receiving the report, the insurance company will send someone to the scene of the accident to investigate and determine the cause of the accident and the amount of loss.
Clause. 2. Timely rescue. After notifying the insurance company in a timely manner, the enterprise should decisively formulate a rescue plan to minimize the loss and control the spread and expansion of the loss. At the same time, enterprises can use photographing and other methods to preserve on-site evidence.
Clause. 3. Provide claim materials. In the claim stage, enterprises should also strengthen communication with insurance companies and cooperate with insurance companies to provide claim-related information.
The more complete the claim information provided by the enterprise, the more conducive it is for the insurance company to determine the loss as soon as possible, and the more timely the enterprise can get the claim.
In general, the documents that must be provided for a property insurance claim include a notice of out-of-risk; Claim report (including time, place, cause, process, amount of loss, claim for compensation); Accident certificate or technical appraisal issued by relevant departments, such as certificates from fire departments, public security departments, meteorological departments, etc.; In the event of a liability accident caused by a third party, the insured shall promptly seek compensation from the third party.
When the recovery fails, the insurance company must provide a written report of the recovery from the third party and fill in the transfer of rights and interests; Loss list, project (pre)statement; Financial accounts at the time of the accident.
the general ledger of assets or the balance sheet and sub-ledger); Photographs of the accident scene; Confirmation of payment of compensation; Other relevant supporting documents.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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The first situation: general property and vehicle insurance was originally based on management expenses, and the management expenses were offset when the compensation was received.
Generally, the first step is to receive the compensation.
Borrow: Bank deposit.
Credit: Other Receivables - Insurance Claims.
The second step is to confirm the compensation, as I just said, there are many types of compensation.
Borrow: Other receivables - insurance claims
Credit: Management expenses (there should be a special two-morning number level account).
In the second case, personal injury insurance, because the benefits and some social security benefits may be linked to the costs and expenses first, and then transferred to the employee compensation payable at the end of the month, which is when it was first done.
Borrow: overhead, selling expense, manufacturing expense, or production cost.
Credit: Bank deposits.
Then the bottom of the monthly land cavity is transferred to the employee's salary.
Borrow: Employee remuneration payable.
Credit: Overhead, Selling, Manufacturing, or Production Costs.
The first step is to receive the compensation.
Same as in the first case.
The second step is that it has been used as an employee's salary, but this time it is to rush the employee's salary (without considering personal income tax).
Debit: Other receivables.
Credit: Employee Compensation Payable.
The third type of insurance compensation is that the inventory is stolen, the fixed assets are damaged, and the intangible assets are infringed.
The specific entries are not written, and they are roughly the same, that is, before the loss is recognized, it is linked to the profit and loss of the property to be disposed of, and the recognition and re-flushing are included in the non-operating expenses, but the insurance company generally pays nine out of ten is insufficient, and the amount of property profit and loss to be disposed of is mostly inconsistent with the amount of compensation paid by the insurance company, and the depreciation of fixed assets should be considered, the impairment of inventory should be considered, the amortization of intangible assets should be considered, and the non-operating income should be considered if it is a full compensation.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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Hello dear! We will be happy to answer you in detail. 1. The compensation of property insurance and the payment of life insurance can be applied by the insurance company.
Because I want to know the basic situation of the incident in detail, please tell me the details of the incident in detail, and I will take a look. 2. Extended information: Bank wealth management products are capital investment and management plans developed, designed and sold by commercial banks for specific target customer groups on the basis of analysis and research on potential target customer groups.
In this investment method, the bank only accepts the authorization of the customer to manage the funds, and the return and risk of the investment are borne by the customer or the customer and the bank in accordance with the agreed method. Generally, according to the type of expected return, we divide bank wealth management products into two categories: fixed income products and floating income products. In addition, according to the different investment methods and directions, new share subscription products, bank-trust cooperative products, QDII products, structured products, etc., are also statements that we often hear and see.
of bankers believe that the large amount of off-balance sheet assets formed by wealth management products may have an impact on the asset quality and operational stability of banks. Finally, I wish you a happy life, happiness and happiness, thank you! [pleasant] [pleasant] [pleasant].
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