After drinking, Yang vomited and suffocated. At a friend's wine table, he drank four or two glasses of white wine first, and then some beer. After that, he became unconscious and was taken to the hospital. During the treatment, the doctor found that there were many secretions and food residues in Yang's mouth and nose, and the respiratory tract was blocked. Later, he was transferred to the intensive care unit and recovered Yang's heartbeat through tracheal intubation, but his consciousness did not recover. Since then, Yang has been relying on a ventilator to keep breathing. The hospital informed the family that Yang could not be treated and the family decided to give up treatment.
Yang was discharged from the hospital and died on the way half an hour later. Because Yang had previously insured accidental injury insurance at the defendant, his family asked the insurance company to pay accidental injury insurance for Yang's death. The insurance company believes that Yang, as a person with full capacity, should know that drinking is harmful to his health, but he still allows this result to happen, and his final death is caused by his own behavior. Therefore, Yang's death belongs to the exemption clause of drunkenness stipulated in the insurance contract and should not bear the insurance liability.
The judge believes that the purpose of accident insurance is not to limit the behavior of the insured, but to protect possible accidents. Our country's laws do not prohibit drinking, but only limit the drinking and drinking amount of special employees. Therefore, the usual drinking behavior should not be regarded as a legal risk, and the possible consequences should be excluded from the accident.
Should the insurance company compensate? Finally, according to the relevant provisions of the Insurance Law, the insured, the insured or the beneficiary shall notify the insurer in time after knowing the occurrence of the insurance accident. Therefore, it is very important for the beneficiary to notify the insurance company to claim compensation at the first time and pay attention to making communication records. If the insurance company refuses to pay compensation only for "drinking" and fails to find out the cause of death, it may have to bear the adverse consequences of proof. For insurance companies, at the same time, it is also necessary to restrain the behavior norms of salesmen to protect the interests of customers and their own interests.