December 25, 2008

Food safety liability insurance rates by the collective lack of milk exclusions

With the "poison Sanlu milk powder" incident in-depth investigation continued, China's food safety issues once again pushed to the air waves, even though the country attached great importance to, but there are still more than 10,000 babies with excessive consumption as a result of melamine powder and suffering from kidney stones, and 4 eventually lead to infant mortality. In Shanghai, our reporter learned that the public questioning the dairy market confusion, lack of supervision and lack of moral responsibility, at least at the same time, more concerned about is that when the issue because their products caused harm, how to claim? What can consumers be protected? At present, China's dairy product in the end did not have liability insurance?

September 21 to September 25, an interview with reporters, including the United States and Asia, peace, China and Thailand, the People's Insurance and so on a number of insurance companies, and their reply has been disappointing, in almost all the Chinese food industry, companies do not have insurance Liability insurance, and for Sanlu such as milk prices, as China did not buy any liability insurance, in this case suffered punishment, leading to a malicious third party personal injury, insurance companies will have a direct or Jubao excluded from the scope of compensation Outside.

Lack of food safety liability insurance

Chinese exports have liability insurance, carriage of goods by liability insurance, fire public liability insurance, environmental pollution liability insurance, a listed company directors liability insurance, liability insurance only food safety no one!

"I think this incident to the domestic prices of milk is a very profound lesson, not just a business for more than a decade of the brand can be destroyed very quickly, but more importantly, all milk prices will suffer a crisis of confidence for a long time, although the country As a result of eating poisonous to those who suffer from kidney stones infant formula to give free examination and treatment, but the domestic consumers do not know how to use legal means to safeguard their rights, do not know by means of insurance to guard against risk. Abroad, especially in developed countries, Europe and the United States, Product defects resulting from product liability injury strict law, in the event, manufacturers and distributors are often faced with huge fines and compensation. Especially if the product at the same time led to many injuries, the victim will be filed class-action wins a case , On the billions of dollars of compensation is not unusual. In China, the existing "General Principles of Civil Law," "Law on the Protection of the interests of consumers", "Product Quality Law" and "Contract Law" to protect the interests of consumers of content, However, product liability caused by the accident, the producer and seller of punishment enough, resulting in the frequent occurrence of similar cases. "September 24, the United States and Asia Insurance Liability Insurance Department told a newspaper reporter.

September 25, Huatai Insurance in Shanghai liability insurance department also told reporters that, in fact, a number of domestic insurance companies are regulated by their food pollution liability insurance, food safety, liability insurance, the insurance products sufficient to meet export or Domestic product in the process of the risks, consumers also have security companies to purchase liability insurance at the same time, in particular the food industry, but also from another level, the introduction of peer-to-peer monitoring of insurance companies.

"Now the companies are in pursuit of profit over, chasing market share, as Sanlu milk powder, more than 10 years in a row in the market, sales in the first to occupy, but they have no way to control the quality of the food sources, do not know by means of insurance To guard against the risk that such acts harm not only consumers but also ruined their own business. "Shanghai University of Finance and Economics Department of Insurance would like to Xu Liang Sept. 26, told reporters.

Insurance companies in more than it seems, a large number of dairy milk poisoning incident occurred in enterprises, insurance companies underwriting them if the risks are too great to consider at this stage will not cover.

Consumer awareness of the lack of insurance

"If the acts of unscrupulous business is suffering from kidney stones led to the death of the baby directly, then at least the lack of consumer awareness of insurance also not continue to lose lives." September 26, the People's Insurance health insurance branch in Shanghai Sha Su-hsiang, a manager told this reporter that drugs from milk powder incident, we can see that almost all patients with the parents of the children do not have to buy a health risk, while at home in these areas also belong to the less developed areas of insurance, they do not think to To the health of a child to buy accident insurance, if they bought insurance, some infants may also be timely payment of medical accidents, not death.

The United States and Asia experts in insurance claims in an interview, pointing out that the most critical points: If consumers run into similar incidents involving injuries, the need to preserve evidence and claims in a timely manner, leading to injuries, including products, packaging and documentation, if requested manufacturers to recall Should be retained products were recovered a receipt; also injured at the scene and witness statements, proof of harm, such as inspection of all evidence of damage to the victim, as well as the fact that the extent of the damage, product defects and damage to the victims of the fact that between cause and effect Evidence. The availability of evidence, is to obtain full compensation for manufacturers and a key factor in successful lawsuits.

In addition, the reporter also learned that in our country, "Product Quality Law" as a result of product liability for damages caused by the physical requirements for a two-year statute of limitations for victims, in a timely manner to ensure that manufacturers can claim no compensation, the victim There is sufficient time for the prosecution, not the law is in force will lead to the loss of proceedings in favor of the right.

Central University of Finance and Economics, associate professor of insurance or possession of Yi also analyzed products on the scope of the damage compensation from our law, compensation for the victims of its products due to defects as a result of the actual loss, including loss of working time due to damage caused by the loss, and so on. As for the harm caused by the product manufacturers, if a similar incident, the factory's reputation and business will be affected, product liability, and therefore increase the risk of food contamination risk awareness, control-related product liability risk is essential. In fact, there are many ways to control the product because of damage caused by the need to assume the liability, such as the entire production process and supply chain to carry out the investigation and identification of risk, risk-controlled process of writing, the occurrence of the contingency plans for recalled products, supply Contract requirements on raw materials suppliers bear parts suppliers such as product liability. In addition to a series of management and optimize the transformation process, there is a simple approach to risk management, is to buy product liability insurance. To a reputable insurance company the right to buy product liability insurance, can be a time when the accident to help companies ride out the storm.

No comments: