The Right Of Insurance Subrogation With The Scope Of Application

The topic of the thesis is that the right of insurance subrogation should beapplied to some personal insurance.Besides the introduction and the conclusion, the thesis consists of fiveparts:The first part analyzes the function of the right of insurance subrogation.The basis of the right of insurance subrogation is the principle of indemnity. Sothe right’s function will be to fill out the aim of the principle. The principle ofindemnity is designed for compensatory damage, preventing the insured’sexcess compensation. Thus the right of insurance subrogation can meet therequest of the principle. In order to make the aim of the principle come true, theright of insurance subrogation should be applied to. The second part discuses some personal insurance have the compensatorycharacteristic. In health insurance, accident insurance and other personalinsurance, when the insurance accident happened, damage of the subject matterinsured includes compensatory damage. This damage has a clear amountcalculation standard. After the insurer underwriter paid the insured with theinsurance money, he can estimate whether the insured’s compensatory damageis obtained. In the accordance with the deductive inference, the application ofthe right of insurance subrogation is based on the principle of indemnity. As aresult, some personal insurance have compensatory characteristic. The principleof indemnity should be used in some personal insurance. There is no doubt thatthe right of insurance subrogation being used in the personal insurance obeys thelogical rule.The third part discusses the reason that China’s insurance law banned touse the right of insurance subrogation in some personal insurance. The types ofthe insurance include of property insurance and personal insurance in theinsurance law. And this law led to the right of insurance subrogation cannot be correctly applied in some personal insurance.The forth part introduces the foreign legislative cases. In accordance withthe standard of compensatory, health insurance, accident insurance and othersame personal insurance should be reclassified. These parts of personalinsurance are defined as the compensation insurance, and the right of insurancesubrogation is justifiable to apply to these personal insurance. The Unite Statealso begins to adopt the German’s insurance division standard in order to certainthat the right of insurance subrogation should be applied in some personalinsurance.The fifth part gives some advice to our insurance law on the right ofinsurance subrogation. In our country, the insurance law should change theinsurance division standard. It should adopt the right division standard toclassify the kind of the insurance. The insurance should be classified in twokinds. One is the compensation insurance; the other is the payment insurance. Itshould be applied in some personal insurance, which contain the character of compensatory. Or the right of insurance subrogation should be writing in generalprovision. Also the scope of the personal insurance, which the right of insurancesubrogation can be applied to, should be write in the insurance law.