Legal Issues On Subrogation Of Compensatory Medical Insurance

Right of subrogation is an important system of insurance law.It is derived from compensation principle.It has important significance in balancing and maintaining the interests between the insured and the insurer.The subrogation system and double insurance system are derived from compensation principle.Discussing the premise of right of subrogation is sorting out the scope of compensation principle.In 2009 the new revised "insurance law" on the classification of insurance law still adopts the traditional "dichotomy".According to the insurance mark, insurance is divided into property insurance and personal insurance. Existing "insurance law" stipulated in article 46 banning the insurer recovering from the insured, is actually completely deny the right of subrogation in personal insurance. Personal insurance is divided into life insurance, health insurance and injury insurance.And generally medical insurance is attached to health insurance and injury insurance, the regulation of insurance law prohibit insurer from exerting the right of subrogation in the medical insurance. For a long time,our country stop insurer from exerting the right of subrogation in the personal insurance.Measures for the administration of health insurance make a rule that the payment of compensation type of health insurance is confirmed according to the medical expenses incurred by the insured.and compensatory medical insurance payment amount must not exceed the amount of medical expenses incurred by the insured. It is a strong shock for the rule that stopping insurer from exerting the right of subrogation in the personal insurance. On the legal basis,whether subrogation is applicable to the compensatory medical insurance is not unified.This leads to chaos in local court in using specific rules to solve the case.There will be a "different sentence" in the same case. In order to make clear about these problems and unify the legal basis and practice in compensatory medical insurance.This article discuss basic concept, foreign legislation,exertion of rights,restrictions and relief in the subrogation rights of compensatory medical insurance.