The Application Of Subrogation Right In Life Insurance

The right of insurance subrogation is always considered to be the unique right of property insurance.The law of insurance of the People’s Republic of China rule that,the property insurance is applied to the right of insurance subrogation.However,with the development of insurance and some problem arisen,some field in life insurance has applied to this right.Recently many scholars receive and study it.The law of insurance of the People’s Republic of China rule that this right is not for life insurance,which is not adapted to the development of the environment.Part One is case analysis.For this article the writer choose four representative cases,respectively for life insurance,health insurance, accident insurance and right of insurance subrogation.The writer state her viewpoint of judicial cases.The judgment of the court often do not apply to this right.Part Two, the writer analysis the viewpoint which according to scholars of the right of insurance subrogation which can be applied to life insurance or not.There are two point so far,which includes approval and opposed.The view of approval goes for that the right of insurance subrogation is applied to life insurance because of the old viewpoint out of date.The opposed do not agree with that. However,the two come into fusion represent the general trend.Part Three,the writer state the legitimacy from the point of principle of indemnity in life insurance.The right of insurance subrogation derive from principle of indemnity,seek the reasons from the scholars’argument will be a good method.Besides,introduce the range and method of the principle of indemnity will strengthen its legitimacy.Part Four,analysis the execute according to Part Four,which also called it application.In life insurance,the origin,the insurance payments,the insurer,the third party,the maintain,the subrogation and the prescription limited of the right of insurance subrogation are important issues.Although these are old issues in property insurance,it is the new point in life insurance.This text the writer try to explicit this execute to ensure the subrogation right.Part Five, the writer analysis the application in life insurance,health insurance, accident insurance separately.This three insurances are the most important kinds.In this text the writer will state how apply to it and how to solve problem in detail,and show the point finally.Life insurance is not suitable for this right as life insurance is part of quantity insurance contract, which is not indemnity.Health insurance is partly suitable for this right.Short-term health insurance is applying to right of insurance subrogation,but the medical fee,nursing fee,transportation fee,recovery fee etc,the ones are all allow the two parties go for convention Accident insurance is also partly suitable for this right.Specifically for medical fee,the insured can demand the amount of compensation from the third men,and continually apply to this right.However,others not.