Research On The Right Of Insurance Subrogation

The right of subrogation in insurance law is unique and with a long history. It is the product of the combination of the right of subrogation in commerce law and compensation rules in insurance practice. Our《Insurance Law》is still flawed in practice even after the amendment of 1990 in that it limits the right of subrogation to have a positive impact. In this article the right of subrogation is the subject of our research. Based on analysis of its characteristics, theory, practice, limitation, and protection, we focus on identifying the ambiguity, the gaps, the contradictions, and controversies in theory and practice in order to provide suggestions to improve the law. This article consists four chapters:Chapter One. The summary of the right of subrogation. It analyzes the concept, its characteristics, and theory and formed the basis of the later chapters on the right of subrogation.Chapter Two. The practice of the right of subrogation. It elaborates the practice of the right of subrogation from the following eight aspects:essential elements, claiming rights, ways of obtaining, the subject, the effectiveness, limitations imposed by arbitration clause, exercises under special circumstance, and abandonment.Chapter Three. The limitations in the right of subrogation. It discusses its applicability and statue of limitations focusing on the areas of most controversies in its applicability in life insurance, the period of statue of limitations and the identification of the run of statue of limitations.Chapter Four. The protection of the right of subrogation. It discusses the obligation of the insured to assist and the statue of limitations after the insured gives up his right to sue the third party.