Research On The Application Of Subrogation In Medical Expense Insurance In China

The newly revised " Insurance Law" of2009still adhering to the traditional "dichotomy " in the insurance classification problems, namely: according to thesubject matter of the insurance division of insurance to life insurance and propertyinsurance. This classification ignoring the personal insurance in medical expensesinsurance, although medical expenses insurance belongs to life insurance category,but because of the specific medical underwriting loss costs, and the nature of a certainproperty insurance, there is a loss can not be excluded application of the principle ofcompensation room. The current insurance law put subrogation rules in chapterproperty insurance contract, completely exclude its application in life insurancecontracts. For medical expenses insurance, whether it compensatory? Whether itapplied the rules of indemnity insurance law? Academics and practitioners on thesecontroversial issues, the insurer and the insured persons had different opinions onthem. Without these issues clearance, it is not conducive to the healthy developmentof Chinese insurance, it is not conducive to the insured person, and it is not beneficialto protect the authority of justice.This paper discusses the medical expenses insurance subrogation appliesproblem, for this reason this paper defines clear medical expenses insurance on thebasis of its compensatory analyzed, and then made applicable medical expensesinsurance subrogation basis. Then explore the lack of legislation in this area of ourcountry and its consequences. Then analyze the feasibility of the application ofsubrogation in medical expenses.And discuss the application of subrogation in healthinsurance and accident insurance. Finally, learn to perfect our extraterritorialinsurance legislation medical expenses insurance subrogation appliesrecommendations.