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Research On The Right Of Medical Expenses Insurance Subrogation

Posted on:2017-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:P MiaoFull Text:PDF
GTID:2296330488486322Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The purpose of medical expenses insurance in life insurance is compensating the loss of medical expenses which is caused by insured for personal injury. What is more, medical costs itself can be quantified. So medical expenses insurance has a property attribute and apply for loss compensation principle. And right of subrogation is based on the principle of compensation for loss, so right of subrogation can be applied to medical expenses insurance. The "Insurance Law" of our country only put the right of subrogation system specified in the property insurance. Due to the imperfections of such provisions, whether the right of subrogation can be applied to medical expenses insurance,academia and the insurance business has been controversial. From the view of academic point, the research scholars focused on the right of subrogation property insurance, the research for the right of subrogation of life insurance which has property attributes medical expenses insurance is relatively weak. Therefore, the themes of this paper is medical expenses insurance subrogation right.The article is divided into the following four parts:The first part demonstrates the right of subrogation for medical expenses insurance legitimacy. First of all, discussing the connotation of medical expenses insurance subrogation rights, in medical expenses insurance, since the third person causes the insured personal injury which takes certain medical expenses, according to the law, when the third party should bear the responsibility, after the insurer to the insured claims is completed, the claims made in the amount within the range of third-party rights of recourse. Then, academia Review different views on whether the right of subrogation can be applied to medical expenses insurance, obtained that medical expenses insurance can be applied to the right of subrogation conclusion. Finally, discussing the right of subrogation for medical expenses insurance theoretical foundation, they are the theory of the rights and obligations of jurisprudence; loss compensation principle of insurance Law; claims of unjust enrichment theory; the "poverty trap" theory of economics.The second part is the study of the elements of medical expenses insurance subrogation right. The right of subrogation of medical expenses insurance is mainly composed of the following elements constitute:First, the right of subrogation shall be agreed to among the medical expenses insurance contract. Second, the insured event in medical expenses insurance contract range. Third, the insured damage by the third party liability. Fourth, the insurer has completed the payment.The third part explores the exercise of the right of subrogation in medical expenses. In the medical expense insurance, the right of subrogation should exercise in the name of the insurer. The object of the exercise of the right of subrogation is not included the insured person and his family members and his members, but except insurance accident was deliberately caused by them.The limitation period for the exercise of the right of subrogation should be based on the basis of the insured creditor claims to determine, period of limitation of first instance also should be the starting point and the aging of the insured claims agreement. The last part of this section, study the exercise of medical expenses insurance subrogation right in some special cases. In double insurance, each insurer shall be liable in accordance with their proportion to the insured person claims, then a third person to recover separately according to the amount of their own claims. In reinsurance, the reinsurer has no subrogation right, the right of subrogation should be exercised by the original insurer, the full amount of the original insurer will recover, partitioned between primary insurer and reinsurer in proportion. For the state compensation, state organs of civil servants illegal to perform official duties caused by the insured personal injury, after the insurer paid, can exercise the right of subrogation to bear state organs which has the obligation to compensate. In full insurance, if the third party and the insured agreement exemption, the exercise of the right of subrogation, according to the different situations that third and the insured have agreed exemption. In shortfall insurance, if the insured and the third party have agreement exemption, the insured and the insurer should be in proportion to the third party for compensation.The fourth part analyzes the limit of medical expenses insurance subrogation right. In medical expenses insurance, the limit of the right of subrogation include:First, the right of subrogation could not be transferred. Second, unless a modern place claims the statute of limitations has expired, or the exercise of the right of subrogation will result in the insurer cause a large gap between revenue and expenditure, otherwise, the insurer could not give up their right of subrogation. Third, if under the situation of fault liability the third party not at fault in the accident insurance, the insured and the third party have agreement exemption, the right of subrogation has passed the statute of limitations and so on, the third one can contradict the right of subrogation.
Keywords/Search Tags:Medical expenses insurance, Right of insurance subrogation, Life insurance
PDF Full Text Request
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