The Research Of Subrogation Right In Life Insurance

The application of subrogation right in the insurance refers to the insurance accident caused by a third person and cause damage to the subject matter of the insurance, the insurance pays insured insurance gold, the subrogation in payments within the scope of the insured amount to enjoy the exercise of rights by the insurer to the third party claim for compensation. Insurance subrogation system sent damage was born in principle to fill, to compensate for the losses suffered by the insurer, has been are an important research topic in the theory circle and practice circle, is also a quite characteristics of insurance legal system. Although the "insurance law" of our country after modification of the larger space, but Article 46 still general provisions all insurance for the right of subrogation, resulting in life insurance is to apply for the right of subrogation dispute.This paper is divided into three parts:the introduction, the body and the conclusion. The body from the real case, summed up the current situation of the study of the right of subrogation of personal insurance. Through to the detriment of the exposition of the principles of fill combined with the characteristics and nature of subrogation in insurance of the person, to clarify the life insurance apply for the right of subrogation, conforms to the theory is also in line with the actual, apply for the right of subrogation, the applicable conditions of the proposed with the legitimacy of the application and accordingly. According to the applicable conditions, it is concluded that the personal insurance coverage can be applied to the right of subrogation. Due to the provisions of the insurance law of the People’s Republic of China on the life insurance for the right of subrogation in the blank. Therefore, this paper based on the theory from the exercise of the subject and the object, time, scope and methods of constructed a set of operational mechanism and "insurance law" of our country put forward suggestions for improvement.