Insurance Subrogation Claims A Number Of Legal Issues,

This dissertation focuses on the insurance subrogation system. Based on the principles of civil law, it is structured from three aspects, the summary of the subrogation right, the establishment, acquisition and enforcement conditions of the subrogation right, and the exercise of the subrogation right. The main part of this dissertation is composed of four charters.Charter 1 gives the concept of the subject in the first place. Then in terms of criticizing the diverse theories on its theoretical origin, it deduces the conclusion that it results from the principle of insurance indemnity. As to the nature of the insurance subrogation, it is concerned as a statutory transfer of credit. Besides, there is also a comparison between the subrogation right of insurance and the creditor's subrogation right of contract law.Charter 2 probes the establishment, acquisition and important conditions of the exercise of the subrogation right. The insurance subrogation right is established at the time that the insurer has compensated for the loss of the insured. With regard to the acquisition of the insurance subrogation right, the insurer obtains the right automatically as he pays the insured. What's more, this charter investigates the nature of the subrogation form and its defects in the practice of judicature, and puts forward a plausible suggestion. In the final part, it makes a summary on the important conditions of the exercise of the subrogation right.Charter 3 solves the question that the insurer files the suit of subrogation in the name of himself by comparing with some relevant countries' legislation and practice. Also this charter deals with the limitation of the claim scope of the right, the applicable situation, the proper party to whom the right is due to claim, and limitation of actions. In the last section, the legal protection of exercising the subrogation right is discussed, including the respective legal effects on the insured's waiver of his claim right to the wrongdoer during different insurance procedures.Charter 4 investigates the exercise of the insurer's subrogation right under four particular circumstances, that is, under the circumstances of double insurance, under-insurance, reinsurance, as well as the circumstance where the insurer pays voluntarily.On the whole, this dissertation structures its systematic insurance subrogation theory by analyzing relevant legislations and judicial practice and academic opinions, with the aim at polishing the revision of insurance law.