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在近年来的财产保险合同纠纷中,因被保险人与保险公司就投保车辆定损结果发生争议进而引发诉讼的案件数量占比较大。这类案件存在同案不同判的现象,亟待统一裁判尺度。一、定损权之争:现状及对诉讼的影响定损权之争表现为内部定损与外部定损之争。内部定损即由保险公司单方定损,外部定损即由被保险人自行委托定损,争议较大的问题集中在如何规范外部估价机构在估价节点的介入以及对两类估价出现巨大差价时应如何认定。
In recent disputes over property insurance contracts, the number of cases that led to litigation accounted for a large proportion of disputes over the insured result of insured vehicles and insurers. Such cases exist the phenomenon of different sentences with the same case, there is an urgent need to unify the standard of adjudication. First, the dispute over the right to damage: the status quo and the impact of litigation The right to dispute the performance of the dispute between the internal loss and external loss set the dispute. The internal damage is determined unilaterally by the insurer, while the external damage is entrusted by the insured arbitrarily. The more controversial issue is how to standardize the intervention of the external appraisal agency at the valuation node and the huge spread between the two types of valuation How to identify.