Study On The Legal Issures Of Insurance Subrogation

Subrogation, which is a very significant system of the insurance law, has been established in many countries all over the world. In property insurance and liability insurance, the insurer is owed the right to take legal action against a third party responsible for a loss to an insured for which the insurance indemnity has been paid. By this way, we can prevent the insured from profiting,prohibit the third party escape liability, and provide the insured with possibility of lower the premium rate. The history of the insurance of china is so short that it is difficult for us to have a good knowledge of the subrogation system, thereof we come across a lot of puzzles and problems in the practice of legislation and justice which have bad effects over the development of the subrogation. Because the insurance has been extensively spread,there are several applicable insurance subrogation situations. Hence it is necessary to construct a perfect insurancesubrogation system to solve the subrogation disputes.What’s more, it’s not only conducive to social fairness, but also conducive to the healthy development of the entire insurance industry.This paper tries to discuss the questions of subrogation in the theory and practice,such as rationality, founding conditions, the contents and restricitons of of subrogation and legal protection. Meanwhile, this thesis analyzes the application of subrogation in the liability insurance combining with the scope of the subrogation, and finally discusses the opposite direction subrogation in Motor vehicle third-party liability compulsory insurance. We wish these summaries can provide some reference for the subrogation legislation of our country.The whole paper contains five chapters apart from the introductory chapter.Chapter one makes a brief introduction about the concepts about the concepts of the Subrogation, meanwhile analyses the legitimacy of the viewpoints that suggest abolish the right subrogation system. This chapter also states, it is the three fuctions of subrogation right make it reasonable. Chapter two analyses the legal constitution of insurance subrogation from the angle of substantive right, including the founding conditions, the contents and restrictions of subrogation and legal protection.The limitations which the insuer exercises the right of subrogation inculde the following aspects:the amount pf subrogation should not excess that of indemnity by the insurer; limitation of object and action, and the insured can take the priority in the case of under insurance.Chapter three introduces the legal protection of the right subrogation. The insured has the obligation to cooperate and assist the insurer to exercise and protect the subrogation right, not to abandon or hurt the right. Moreover, to fully protect the interests of the insuered, the courts should only carry out formal examination in solving the Insurance subrogation litigation.Chapter four discusses the exercise of the Subrogation Right in Liability Insurance. Because of the unique nature of liability insurance, most scholars believe it does not exist the application of the subrogation in it. This chapter mainly studies the theortical basis and introduces the scope of subrogation of Liability Insurance by the way of making analysis of cases.The fifth chapter studies the insurer’s Right of Recourse for Pay Instead in Auto TPL Compulsory Insurance. This chapter gives a introduction of Compulsory Insurance, and differences between the Right of Recourse for Pay Instead and the Right of Subrogation.