Analysis Of Insurance Subrogation In Maritime Collision Cases

Insurance subrogation is an important part of the insurance business, and it iswidely recognized by the legislation in the world. The insurer shall exercise the rightof subrogation, which can not only expand insurance fund, enhance the ability to pay,and decrease the level of premium rate, but also improve the responsibility sense ofthe third consciousness, strengthen the safety management of the society, reduce theprobability of the occurrence of insurance accident. The legislative purpose ofinsurance subrogation is to keep the balance of the legal right among the insurer, theinsured and the damage causer.On one hand, this system makes sure that the insured can be compensated for thelost but for only one time; on the other hand, this system makes sure that the damagecauser can not escape from responsibility, which promises social equity and preventsthe moral risk; third, this system can make the insurer to recover costs from theresponsible person through the generation of position recovery, reduce insuranceburden, reduce overall premium level conducive to the development of the wholeindustry and society. Because of the design of the system related to interests of thethree parties, so there is some controversial in the exercise of the nominal and therange. And in the specific case of marine insurance subrogation there are someproblems relating to the jurisdiction and liability limitation. All these problems makethis system more complex, and the research on relevant problems of the system isbecoming more and more necessary.The insurer gets the right of insurance subrogation on the basis of "insurancelaw" and this kind of right is independent, so the insurer should exercise in its ownname. And the insurers’ exercise of the right of subrogation rights in their own namecan improve the efficiency and the effect of exercise and protection of their rights.But at the same time, the law also should not allow insurers to obtain additionalbenefit when they exercise their rights in their own name and damage the interests ofthe insured. The insurers can only make the right of subrogation in the amount ofcompensation scope. In the subrogation cargo insurer maritime collision cases,whether from the lower legal cost or from the angle of easy recovery action, weshould firstly consider the establishment of jurisdiction in the domestic, thecommonly used method in our country is to arrest the ship. But if in the period oflimitation of action for two years, taking into account the other shipping routes, it’simpossible to arrest the ship, the insurer should choose other countries or regions to establish proper court jurisdiction. When the jurisdiction court determines the effectof exercise as much as possible, the insurer should try to prove "knowledge may causeloss of reckless act or omission of the perspective of" basing on facts, and try to breakthe limitation of liability of the compensation obligations in order to obtain morecompensation and to promote the right of subrogation.