Some Problems On The Right Of Reinsurance Subrogation

Insurance subrogation right is an important right that insurance law give to theinsurers to guarantee their rights. It can effectively balance interest among insurers、insured and the third，and so as the reinsurance with its wider diversification of risk.But inspite of a epitomize in property insurance，there’s no relevant legal provisionsabout the reinsurance subrogation right and what is fairly unfavourable to it. Whatfollows will investigate reinsurance subrogation right, by analysing related basictheory, exploring the theoretical basis and studying the specific rules of the exerciseto finally strive to achieve a full face of it. This paper generally analyse reinsurancesubrogation right with case analysis、empirical analysis and legal argumentation. Inview of the existing problems in the analysis, put forward some legislativesuggestions. And looking forward to improving the reinsurance subrogation rightsystem with my pygmy effort.Whether sub-claim right suits reassurer lies on the character of retrocessiontreaty and sub-claim right. This paper first analyse the nature of reinsurance contractsuggesting it as a kind of Liability insurance contract with the function of protectingoriginal insured interest and the original insurance. Second analyse the nature ofsub-claim right considering the sub-claim right suits the reassurer reflecting theoriginal intention of establishing Insurance subrogation system and validlyproportionating the relationship between reassurer、original insurer、original insurantand the third part without an improper situation.The key of right is acquisition and exercise. And so is what the paper secondemphasize,the acquisition and exercise of the reinsurer subrogation. I think thereassurer’s abtention of subrogation right depends on subrogation right abtention ofthe original insurer on account of a insurance accident who has reinsurance contractwith the reassurer. About obtainment methods, after compensating original assurerthe reassurer then get sub-claim right to the infringer the name、the object and so onwill effect the exercise and the exercise itself operate differently upon different relevant contact. And That is what this paper would emphasize in detail.The third part mainly express the maintenance and the limit of The reinsurersubrogation. When reinsurer exercise subrogation right, they are limited by the scopeof subrogation、claim object、third defense and limitation of action on one side, onthe other side, the necessary legal protection is indispensable in the exercise. Thispart and the second part of this paper combines to help get a overall grasp from thereinsurer subrogation obtained、exercise、limit and maintenance of four analyses onthe system.Throughout all of above, it is self-evident importance of reinsurancesubrogation, yet "Insurance law" does not stipulate the relevant rules of the reinsurersubrogation system，therefore we suggest to perfect the legislation, then the solutionexists in theory and practice of dispute. The fourth part of the paper puts forward thefollowing suggestion of legislation on the basis of the foregoing: firstly, We shouldclearly define the nature of reinsurance contract in legislation；Secondly, confirm thereinsurer for the right of subrogation in legislation. Finally, clearly stipulates thereinsurer may be independent in their own name to exercise subrogation.