Analysis Of Insurance Subrogation Principles

The substitution-claim principle which takes an important place in insurance principles is one of the derivatives of insurance compensation principle. This principle reflects the core content of insurance theory, "interests forbidden". In three parts, this essay analyzed the substitution-claim principle in theories and in practices. The first part described the origin and the theoretical foundation of this principle in short. The second part introduced the main contents of the substitution-claim principle, including its objects, functions, characteristics, legal basis, executive conditions, implemental time and reasons, and its substance. In this part, some contents are still in debate, so the writer just expressed his opinions and supplements. From the analysis of the first two parts we can see that, in theory, the implement of the principle has its theoretical foundations and gains its supports. In legislation, some laws, such as the "insurance law", offer enough supports, which make the execution of the principle under the protection of legislation. The substitution-claim principle which reflects the idea of insurance corresponds with the fair discipline of a society by avoiding the improper interests-gain of clients. However, in practice, the execution of the principle does not work well, consequently the third part put its focus on how to realize this principle. By introducing the current situation of the principle in our country, the third part tried to find out the solution of the problems. This part drew a conclusion that the best way to solve the problem is to form a compensation department in a insurance company. That is to say, after an insurance company compensates its customer, the department will take the right from the company to claim to the third party. In fact, in practice the claim usually is carried out by lawsuit, but there are still some problems. According to the stuff arrangement of an insurance company, there is a contradictory: on the one hand, the relative department is short of stuffs, it has no energy to do things well; on the other hand, claims often involve lawsuits, they do...