An Analysis On The Insurance Company Sues Yuan And Some Other Cases

How to exert the right of recourse for the insurance company is the key issue ofevery insurance court case, so is for the case about Yuan which will be discussed inthis dissertation. The establishment of defendants’ position is the vital point in thiscase. As a litigant involved in both ’Proxy Agreement’ and ’Trucking TransportationContract’, the freight company’s information department is involved in a legalrelationship with the cargo from Rubber Company consigned for shipment, whichcauses a significant influence on the exertion for the right of recourse for theinsurance company. Meanwhile, as the carrier defined in ’Freight Agency Agreement’,Lu and Zhongxing Company are also involved in a legal relationship with the cargomentioned above and constitute one of the targets for the insurance company’ssubrogation right. Therefore, the defendants in this case are the freight company’sinformation department, Lu and Zhongxing Company, instead of Yuan and Zang.Besides, the definition of the attribution of defendants’ responsibilities should beconsidered with the litigants involved and the distinct relationships among them. Asthe proxy of Rubber Company, the freight company’s information department occursseveral tort without intention with the carrier of the cargo, and the two parties shouldboth take responsible. Considered the subordinative relationship between Lu andZhongxing Company, Zhongxing Company is supposed to take joint and severalliability for the loss of cargo. Last but not the lease, it is feasible for this case toconvert from summary procedure to ordinary procedure, however, due to insufficientexplaination provided by the judicature,some issues arise during the conversion, suchas the vague definition for the boundary between summary procedure and ordinaryprocedure and the vague definition of the conditions for the conversion. We shouldmove further to regulate procedure transformation to deal with unexpected cases, forexample, when defendant suggests counterclaim which cause the case no longer beadaptable for ordinary procedure, or when the court involves a third party in thelitigation, making the trial more justified.