Research On Several Legal Issues Of Insurance Subrogation

Insurance Subrogation is an ancient and unique system in the field of insurance law, It is the combination of subrogation system and insurance Claim. This article discourse the origin of insurance subrogation ahead , basing on the civil and commercial law theory, combining research results on insurance subrogation in other countries and regions ,using law ,economics and other research methods , and then research the theoretical basis ,social function and the essential character of insurance subrogation .This article analyze the predicament and legal protection in realizing insurance subrogation, in order to find a feasible path applying insurance subrogation in China. There are three parts in this paper excluding preface and conclusion.Chapter 1, A brief introduction of Insurance Subrogation .Beginning with the concept and origin of Insurance Subrogation, then compare insurance subrogation and real subrogation .researching on provision of insurance subrogation in other countries and regions, author believe that just like insurance subrogation based on many theories it also has various social functions and that insurance subrogation comes into existence after insurer paying the insurant.Chapter 2, Several legal issues of realizing insurance subrogation .Studying on Under Insurance, Double Insurance and Reinsurance This chapter analyze the predicament in the course of realizing insurance subrogation .In section 1, author claim law should safeguard insurant fist in Under Insurance. In section 2, because there are many insurance claim modes about Double Insurance In different countries, insurance subrogation is also diverse in different legal systems. In section 3, Although the Reinsurer do not have insurance subrogation, he can claim due interest from the original insurer.Chapter 3, The legal protection of insurance subrogation. The legal protection of insurance subrogation emphasizes regulating the insurant. The insurant have obligations to provide whole documents to the insurer and should tell the insurer helpful information as much as possible. The insurant's renunciation to the third party's liability will damage the insurer's interest. In the end, author expatiate this renunciation will give what effect on insurance subrogation.