Research On The Right Of The Marine Insurance Subrogation

As the continual improvement in the level of opening up of theinsurance industry, insurance subrogation right system as animportant law of property insurance claims system has played anincreasingly important role. Right of subrogation in marineinsurance is the specific embodiment of the system in the field ofmarine insurance; it can protect the legitimate rights and interestsof the insured against illegal practices, but also prevents theinsured from the marine insurer and obtain double compensation andthird party responsible for profit. July2000to the implementationof the special maritime procedure law of China, greatly promoted thefield of marine insurance subrogation recovery practices. However,because the right of subrogation in marine insurance law is notimperfect and inadequate enforcement mechanisms, causes, make thesystem of subrogation in marine insurance disputes are common. Inorder to reduce disputes over subrogation in marine insurance,protect the healthy and orderly development of China’s marineinsurance market, and enhance the international competitiveness ofChina’s offshore insurance industry, study on the right of subrogation in marine insurance become necessity and urgency.This article from the Japan AIU insurance company sued PanamaTom Lee shipping company disputes the case of subrogation, Take fulladvantage of subrogation system, the basic theory and research ofscholars, and just focus on the case involving the focal point ofthe right of subrogation in marine insurance, expand the depth,detailed analysis.This paper is composed of introduction, body and conclusion.Following the introduction primarily made up of3parts.The first part, issues raised. That part of the main case on thebasis of analysis involving the right of subrogation in marineinsurance of two basic problems: first, the maritime insurers havemade insurance subrogation rights? Second, the exercise of the rightof subrogation in marine insurance is covered?The second part, Analysis of marine insurance subrogation claimsmade. The section to the right of subrogation in marine insurancemade the premise of theories, focused analysis of the issues, thatis, from the legal relationship between the insured and the defendant,access conditions, take, take time and litigation subject qualification, come to the marine insurer insurance has been madein the case of insurance subrogation right conclusions.The third part of the analysis of marine insurance right ofsubrogation to exercise the scope. Due to academics for fullinsurance and non-insurance in full exercise of the right ofsubrogation in range hold a different point of view, this articlemade the full extent of the insurance compensation that should bepaid to the insurer under the insurance and not in full shall be borneby the insurer and the insurer under the insurance proceeds of prorata apportionment of compensation. Which focused on analysis of thefocus of the second, that is, by type of insurance, damage liability,determine the value of goods, maritime preservation issues toanalysis, and determine the scope of the exercise of the right ofsubrogation in the case.