Study On The Scope Of Application Of Insurance Subrogation

The subrogation of insurance not only the unique system of the insurance law,but also the important system of the principle of compensate. The core value of theinsurance subrogation is to prevent the insured get the illegal profit with the insurancecontract. Generally think it is the rule of the Property insurance. But the indemnitylife insurance which made for compensate the loss of insured appear in large numbersbecause of the development of insurance. For example, the healthy insurance and themedical insurance. Dose subrogation can apply in these insurance? The questionshows that, the rules of the subrogation are not perfect so we may get the change ofinsurance law.This article has three parts:The first part is about the mean of the subrogation of insurance and the functionsof it. Firstly show the mean of the insurance subrogation is that if after an insured riskoccurs, the insurer has paid up all the insured amount and the insured amount is equalto the insured value, all the rights of the objects insured sustaining losses shall be inthe possession of the insurer. If the insured amount is less than the insured value, theinsurer shall retain part of the rights according to the proportion between the insuredamount and the insured value. Then, it shows the different between the Rightsgeneration and items generation. Then it discusses the function of avoid the insuredgetting windfall and the infringer escaping their duties, and how to down the rate ofinsurance.The second part is the issue on subrogation. Firstly, we should talk about theunderstanding of the scope of application and sum up the reasons of why subrogationcan use in life insurance, or can not apply in life insurance. Then conclude the focusof subrogation. Based on this, demonstrating the judgment standard of the applyrange on the insurance subrogation. Insurance subrogation can apply on thecompensation contract regardless of it is property insurance or life insurance. The healthy insurance or the medical insurance can use the subrogation because it is theindemnity contract which has the aim for compensate the loss of the insured.Secondly, we show the subrogation in practice and explain the problem from thepractice through some cases.The last part is the solution of enlarge the scope of application of insurancesubrogation. There are two methods to solve the problem. One is taking the replace of“property insurance/life insurance” with the “payment insurance/indemnityinsurance”. Another one is creating a new concept of “indemnity life insurance”with the premise of retain the sort of “property insurance/life insurance”. The lawmay set the rule that “The indemnity life insurance can apply these rule of propertyinsurance: insure in insurable interest, the calculate of loss, the ensure of insurancemoney, the duty of offer the premium late, call the money by lawsuit, terminate thecontract because of non premium, pledge of the insurance contract, over insurance,double insurance, insurance concurrence, insurance subrogation, and limitation ofaction.” At last we suggest that when we get the change of insurance law in the futureshould take the method of create a new concept of “indemnity life insurance” forexpanding the apply range of subrogation, because it takes less cost than anothermethod.