Research On The Insurance Subrogation

Insurance subrogation system is a generally recognized system of national insurance legislation that the insurer in accordance with insurance agreements or the law, when the insured person has suffered loss, obtains a third party to be liable for damage to property or insurance for insurance recoveries subject of the right to ownership .With the development of society and the insurance industry, the coverage is more extensive and the third reason for the accident insurance is also a growing trend. How to safeguard the interests of the insured person, get back the state insurance before the accident occurred and prevent double profit when an insurance accident occurs? To cause insurers to cover insurance losses and revert to the interest, the use of insurance subrogation will play a critical role.This paper mainly analyzes four aspects: insurance subrogation legitimacy and the establishment of the value of insurance subrogation, acquisition of the right of insurance subrogation, exercise of insurance subrogation, restrictions of insurance subrogation.First, it is the basis of the legitimacy of insurance subrogation and the value of establishment.Insurance subrogation legitimacy is based primarily on the principle of social equity and maintenance of the principle of compensation for damage Damages principle means that the insurance is to cause the insured losses to get back to its original state when it restored. However, it was not over the loss of benefits, it will be double profits; and the main means of maintaining social fairness means anyone damages third person should pay a price for his actions so as to achieve social equity.For insurers, the value of insurance subrogation establishment is the insurance would not bear a lot of insurers, insurance compensation, which will reduce its compensation, and insurers can avoid double profits when the accident occurred; For the insured person can be restored to their original state when, and be double protection when the loss of property. For a third damaged term, insurers would not pay the insurance money to evade their responsibilities to act on their commitments.Secondly, the right to obtain insurance subrogation .China adopted the "course of subrogation" in the legislation, as long as the insurer under the insurance contract pays the insurance money. Then seek compensation of a third party, no insurance verification. This paper considers that the role of interests of transfer on the nature shall be clearly provided. Thus, signing between the insurer and the insured person has the rights of transfer norms and makes clear the benefits of transfer time and reflected the merits.Thirdly, the exercise of the right of subrogation to insurance Exercise of insurance subrogation should have the following three conditions. The insurance claim for damages to a third person. This is a precondition for the exercise of the right of subrogation .The insured person has to pay the insurance premium. This is the substantive conditions for the exercise of the right of subrogation the substantive conditions for the exercise of the right of subrogation .This is the amount of insurance conditions for the exercise of the subrogation.Insurance subrogation to be exercised on behalf of insurers If the insured people exercise their rights of subrogation on the behalf of themselves, they can acquire the independent status and the status of litigation to avoid various problems caused by the exercise of the right of subrogation. The insured people have the following two liabilities in subrogation conditions: On one hand, the insured person should be in the insurance after the accident, promptly issues a notice of the claim to a third person, or even file a lawsuit to preserve the interests of limitations. Payment of insurance money ensures that insurers do not lose a third of limitations to prosecute, On the other hand, the insured person should provide insurers with the right information and documents relating to the rights of victims, including all the relevant circumstances of a third party liability insurance.In practice there are often giving up the insurance subrogation with rational abandon and irrational abandon. This should be a clear legal right of subrogation insurance, a reasonable standard to give up, to prevent and stop unprincipled, to waiver of insurance subrogation unreasonable phenomena. Fourthly, subrogation of insurance restrictions Insurance subrogation should not apply to life insurance contracts for health insurance and accident insurance contracts is such a case.The restrictions of application for insurance subrogation, in accordance with the Insurance Law, in addition to the insured person's family members or other members deliberately cause accident insurance outside under Provision 45, an insurer shall not exercise the right to compensation to the insured person or family members. Herein, to protect the interests of the insured people, the definition of insured person's family members shall be interpreted broadly. Family members include spouses, other close relatives in blood or marriage, the other people living together, and the people not related, but in the same family living together for a long time, including a husband and wife, parents, children, grandparents, maternal grandparents, grandchildren, grandchildren, brothers, sisters and so on. And the insured person "members" means the insured people are organs insurance, corporate enterprises, and its staff and employees.Limitation of insurance subrogation mainly refers to the limitation of time of the General Principles of Civil Law. For the beginning of insurance subrogation category and the length of term, this paper considers insurance shall request a third person on the basis of the right, insurance subrogation rights of insurers for the third time when the limitation of the right to request complete. This paper suggests that insurance subrogation shall be established to protect the interests of the insured person.Exemption provisions of the signed insurance subrogation will exercise certain restrictions. The case is mainly in the defense provisions in the insurance contract signed before .However, the insurance contract after the first incident in the insurance case Exemption provisions enacted in the insurance after the accident before the case officer Insurance payments. Exemption provisions enact in the case after the insurance payment insurance. It is necessary to first formulate exemption clauses in insurance contracts, but after the first insurance exemption clause in the insurance contract to establish the circumstances of the relevant requirements.Based on the analysis of the above four aspects, insurance subrogation rights legislation perfection reasonable proposal and to exercise their rights of subrogation insurers to provide a clear thread.