Chapter Ninety-Seven: The Two Sides Go to War

As a result, the first and third search divisions of the Dongcheng Police Station became defendants.

Since the case has been transferred to the Search Division 1, in the interim preliminary trial, the judge agreed with the police lawyer that the Search Division 1 became the defendant alone, and the original 2nd Defendant Search Division 3 will not be affected by this case.

The charge is that the police were accused of dereliction of duty and rashly made a written report that Shangquan had died when it could not be determined that he was 100% dead. This report will result in a loss of up to $70 million for the insurance company. The police immediately withdrew the death report, re-investigated whether Kamizumi had died, and had a lawyer follow up on the progress of the investigation.

This method has been discussed in the industry, but it is very biased, and the third and first lessons of the search do not want to prove that Shangquan is dead, but because of the evidence, it must be proved that Shangquan is dead. The industry is very concerned about the progress of the trial, and whether Gaoshan Law Firm and Linghu Law Firm can jointly defeat the ironclad evidence of the police.

As the defendants, the police are the most uncomfortable. On the one hand, there is the abuse of public opinion against them, and the keyboard warriors think that the wild son unscrupulously cheats the insurance money because of the incompetence of the police, and the police also help the abuse. On the other hand, the evidence is ironclad. The worst thing is that the police, from the perspective of justice and professionalism, do not want to win the lawsuit between themselves and the two law firms, and they also do not want to lose the lawsuit. Win or lose, from the police's standpoint, it is very uncomfortable.

The Public Relations Department of the police contacted Cao Yun, which probably meant that if Cao Yun had any evidence favorable to overturn Shangquan's death, the police would also consider giving a certain cash reward, after all, it provided important clues. In the eyes of the police, it is better to overturn their own conclusions on their own.

Cao Yun certainly did not agree, the police are now opponents, and he is not just clues and evidence, but wants to attack the opponent in all directions, how can he compromise? There is no point in compromising with the police. On the other hand, the police could not compromise, and they strictly followed the criminal investigation procedures to investigate Shangquan's life and death. Legally, and medically, Kamizumi is dead.

......

Is Shangquan real or fake?

This problem is also a problem that the joint lawyers have to face, and the fifth child in Hulan's mouth is very capable, but he collected countless information to the law firm in a week, and then the two law firms will meet to study this information.

Linghulan's law firm is like a battlefield, and the three assistant lawyers have been busy, making phone calls, checking information, and going out to look for clues. The main lawyers, Ling Hulan and Cao Yun, have been working for 17 hours in a row, and have not rested except for eating. The reason is that Situ Yan has sued the insurance company, and he has the Shangquan death certificate issued by the police, which is legally valid.

At the same time, Situ Yan sued the court again, arguing that the court deliberately connived at others to sue for the death certificate that had already been concluded. The Court convened an ad hoc sitting.

In the case of Erqing, as long as Qingqing is still fighting the lawsuit of the heirs, then the estate cannot be distributed.

In this case, even if Cao Yun's lawsuit against the police went very smoothly, once Situ Yan quickly cut through the mess and won the insurance company after two court sessions, then the court would not care about Cao Yun's progress and would directly pronounce the verdict. The insurance company will definitely delay the time and will definitely ask for a second trial. In order to speed up his progress, Situ Yan, as an academic lawyer, started with 'Xianfa'.

In short, before the implementation of this Law, effective judgments that have been rendered in accordance with the law at that time continue to be valid. For example, the well-known crimes of passing X and flowing X have long been canceled, assuming that they were canceled on December 1, and the final sentence according to this crime before the 31st is valid. The lawsuit between Situ Yan and the insurance company is over, and the victory or defeat of the lawsuit between Cao Yun and the police has nothing to do with him and Yezi.

In order to uphold the fairness of the law, the judge expressed his attitude and demanded that the insurance company not delay the trial of the case on non-objective grounds. Here it is required that the insurance company should come up with a reason for not paying, the more the better, and every reason can be blocked. The truth is somewhat cruel, because there is a death certificate from the police, and the insurance company cannot come up with a favorable reason.

Can the insurance company question Noko's previous disappearance? No, because it has nothing to do with this case. Noko's disappearance is related to the Kamizumi case, and has nothing to do with Nozi's claim, unless it can be proved that Noko's subjective malice disappearance led to Kamizumi's death.

Can a police death report be challenged? No, because a civil lawsuit cannot challenge the conclusions and reports of the public authorities. Suppose there is a suspicion that the public authority is going through the back door, it can report it, and the relevant department in charge of the matter will investigate. Once the relevant departments find that there is a suspicion of backdoor, then the court will temporarily suspend the trial and wait for the final conclusion of the department before continuing the trial.

The only way for the insurance company is to delay time from the four factors of the accident, the four factors of the accident, the four factors of the accident, the four conditions that are not intended, not the disease, the sudden, and the outside. As long as Situ Yan asks the police in charge of Shangquan's death scene to appear in court, the police must truthfully explain the sealed report, which proves that Shangquan's death meets the four factors. The insurance company could not have picked on the police report in this case. Because the report of the public authority is the standard of evidence in civil affairs.

According to estimates, at most three to four court sessions, Situ Yan will be able to win them all. The insurance company appealed against the decision. No, not at all, because the insurance company cannot provide a reason for appeal, the higher court will not accept the appeal. For example, in criminal cases, you can appeal on the grounds that the sentence is too heavy, and in civil cases, 70 million is written in black and white, and there is no argument that the compensation is too heavy.

After many considerations, the court first slapped the insurance company in the face, requiring the insurance company not to delay the trial of the case objectively and objectively. Secondly, Cao Yun was given a sweet jujube on his side, and Cao Yun reported to the police on behalf of the insurance company that the court would unconditionally arrange a trial. In other words, as long as the police and Cao Yunfang apply 24 hours in advance, the court can be held. This is definitely in line with Cao Yunfang's interests, the most important thing is the attitude of the police department, if the police station wants to delay time, then there is no way.

Cao Yun's case against the police bureau is 100 times more complicated than the case against Situ Yan against an insurance company, and although there is no set number of court sessions, civil lawsuits are usually concluded after one or two court sessions. It is up to the judge to hold a trial in Gaoyan City for several times, and it is also the judge's decision in Dongtang, but the lawyer can object, and as long as he can come up with a reason for reopening the trial, the judge must approve it.

Here we have to talk about the nature of the Dongtang police, the police in Gaoyan City are subordinate to the police department, and they have nothing to do with the locality. The country where Dongtang is located is divided into national police and local police, which is equivalent to the relationship between the FBI and the state police in the United States. The local police are under the command of the city hall, and its director is appointed and dismissed by the city hall, and the local police are only under the indirect supervision of the police department.

This kind of thing is unbearable for the city hall, similar to the position of the police, the city hall does not want the lawsuit to win or lose, so it simply goes with the flow and gives the police headquarters an order to cooperate with the trial.

At least in terms of public opinion, insurance companies must be given a chance.