Insurance Subrogation Claims A Number Of Legal Issues,

This paper consisting of four chapters makes a superficial study on certain legal issues relating to the Subrogation Right. In the first chapter, the author makes a brief introduction of the concept and source of the Subrogation Right. In the second chapter, it mainly states the feathers that the subrogation right of the insurer is born from the insured's right towards the third party, so the subrogation right is a transferred credit in essence. At last it makes analysis on the preparation between this right, creditor's subrogation right and the abandonment. The third chapter mainly introduces the legislative reasons for the subrogation right from the following two aspects: the one is the acquisition of the indemnity principle and it can also avoid the third party to erase his responsibility. Through undertaking the civil responsibility, the public will be pushed to pay more attention on the safety of the other's body and property or they should indemnify the damages despite the injured person is insured or not; the other aspect is that it could decrease the risks undertaken by the insured's property. It will deduct the damages in all and promote the benefit of the whole society in the view of the public, and will deduct the insurance fee in the future. In the forth chapter, the application scope and its limitation of the subrogation right have been stated. The right will only be used in the property insurance but not body insurance. The limitation is analyzed through the aspects of the definition of"third party"and"damage"in article 45 of Insurance Law, the public legal entity should be in application or not and how to definite the scope the"the family member or it's staff of the insured".