Study Of Insurance Subrogation

As an important system in insurance law, insurance subrogation plays the vitalrole in maintaining the public interest and safeguarding citizen's lawful right. But thesystem has many questions in practice. Insurance law doesn't give explicit answerabout insurer and insured's right and duty. This is the most important question ininsurance law. At present, some revision about insurance law raise discussion upsurgeon the system. This article discusses this question from several aspects.The first part puts forward that the equity principle in civil law and theindemnity principle in insurance law are the cornerstones of insurance subrogation.As a result of rationale weakness, it enables insurance subrogation have very manyinsufficiencies in the practice. There are some theories about its essence. In brief, theessence of insurance subrogation is subject to the right of compensation that theinsured asks to the third person. It is unadvisable to cancel this system.The second part mainly talks about its exercise. The academic circle hasdifferent views about the question that whose name the insurer uses to exercise theright. Maritime law and insurance law have different explanation about the amount ofcompensation. This article analyses the question from its application in practice andconsiders that it is advantageous to simply procedure, moreover can maintain theinsurer benefit if the insurer as the main body of it to exercise the right.The third part explains the limitation of insurance subrogation from three aspects.Many scholars thought the health insurance also has the nature of harm compensation,thus, insurance subrogation also can be used. Actually the scholars neglect the uniqueperson attribute which the life insurance has. This article gives explicit answer aboutthe scope of insurance subrogation and clear the initial day of the right.The fourth part explains the application of insurance subrogation in severalspecial insurances. In practice there are some special insurance contract, insurancesubrogation is still suitable in them. In the double insurance, insurance theory adopts the principle which is the proportion shares. In the shortage insurance, the insurerpays cannot completely compensate insured's loss.When insurance subrogation has the conflict with the right of compensation, firstprotecting insured's benefit, can manifest the principle which the risk dispersing, alsoconforms to insurance subrogation legislation goal. In the reinsurance, the reinsurancecontract is independent to the original insurance contract; the insurer naturally alsoenjoys insurance subrogation.Insurance subrogation although is only a small part in insurance, however thetheory and so many arguments make people think deeply. With our country enteringthe world, the economical unceasing development, the insurance faces theunprecedented challenge; insurance subrogation is becoming the urgent matter.