Study On Legal Issues Of Insurance Subrogation

Insurance subrogation means the underwriter can claim to the third party who isresponsible for the loss instead of insured after pay insurance indemnity. Insurancesubrogation is an important system of insurance which is derived from the losscompensation principle. It becomes the international insurance practice now, andalso occupies an important position in insurance law of countries. With the rapiddevelopment of the insurance industry in our country, insurance subrogation is alsogoing to occupy the irreplaceable position.However, the development of insurance subrogation of our country is relativelag. Though insurance subrogation has been regulated in “Law of Insurance”,“Maritime Law”,“Special Procedure law of Maritime Litigation” and some judicialinterpretation, some issues still appear in the practical application, such as whetherthe insurance subrogation only can be caused by active infringement of third party,whether the insurance subrogation can be applied in the Personal Insurance, theconflict between insurance subrogation right and direct claim right, and so on. Thesecontroversies are often encountered in practice and become the challenge ofinsurance subrogation due to the lack of perfect laws and standard judicial practice.If these problems can not be timely solved, they will lead to the chaos of practicaloperation and judicial standard, and also will be not conducive to the healthydevelopment of the insurance market.In view of this, while studying every link of the insurance subrogation, thisarticle will focus on the analysis and research to the controversial issues in the application of insurance subrogation, and expect to promote the development andimprovement of the insurance subrogation.This article altogether is divided into four parts:The first part discusses overview of insurance subrogation. Firstly, summarizethe concept of insurance subrogation combined with experience of other countries.Secondly, reveal the nature of insurance subrogation—Legal creditor’s rightstransfer, by comparing with Anglo-American law system and civil law system.Thirdly, summarize the function of insurance subrogation. Finally, summarize thecurrent situation of insurance subrogation legislation.The second part discusses the three essential element of insurance subrogation:insured has claim rights to third person; insurance indemnity has been completed;consistency of loss compensation target. And also study the controversial elements.The third part discusses the exercise of insurance subrogation. Deeply study theexercise of insurance subrogation by five parts: name, object, range, mode andprescribed period of litigation.The fourth part discusses the legal protection and coordination by four fields:insured’s assist duty, wavier of insured, insured gets double compensation, thecoordination between insurance subrogation right and direct claim right.