Analysis Of The Dispute About Insurance Subrogation Between Insurance Company And A Hotel

Insurance subrogation right is a basic system in insurance law,referring to the insurer’s rights to subrogate the insured to claimcompensation from the third party who caused the damage to the insuranceobject.Before the implementation of the Judicial Explanation of InsuranceLaw (2), the limitation of action of insurance subrogation, unstipulated inthe Insurance Law, is controversial in judicial practice. The sample case inthis thesis is one involving insurance subrogation handled by the YueluDistrict Court in2012. An intense debate between the plaintiff and thedefendant takes place over the legal relationship between the insured andthe defendant, the limitation of action of insurance subrogation, as well asthe legitimacy of the defendant’s invoking force majeure for exemption.The focus of controversy in this case on the one hand, lies in how to treatthe legal relationship between the insured and the defendant, and on theother, in how to determine the limitation of action of insurance subrogationand its starting point, as well as whether the third part, the defendant inthis case, can invoke force majeure for exemption. The limitation of actioninvolves the duration and the starting point. Though the starting point hasbeen stipulated by the16tharticle in the Judicial Explanation of InsuranceLaw (2), the actual reasonability of such stipulation remains to bediscussed. Meanwhile, the duration of the limitation of action, unstipulatedyet by law, needs further discussion on whether it should follow relativearticles in the General Rules of the Civil Law, or be determined on thebasis of the legal relationship between the insured and the third partaccording to the nature of insurance subrogation right. All these problemshave to be analyzed theoretically.