The Analysis Of Insurance Subrogation Cases Of PICC V. Yadong Company

The exercise of insurance subrogation right is the core of the insurance subrogation system,and its essence is that the insurer subrogates the right of the insured to claim for the damage of the third party,which has the function of making up the loss of the insurer in time,preventing the third party from shirking its responsibility and avoiding the insured from making double profits by taking advantage of insurance.In recent years,with the development of China's insurance industry,insurance subrogation rights disputes become a major focus in the field of judicial practice,however,because of the right in China legislation,statutory provisions are not clear,the less often appear similar case different referees,plea is not satisfied with the two sides have different situation,prone to disputes in judicial practice.Taking the case of PICC v.Yadong company and Donghong company as an example,starting from whether PICC nanjing branch is a qualified plaintiff,whether yadong company and donghong company should bear the responsibility,whether this case exceeds the limitation period and how to determine the amount of compensation these four dispute focus,combined with other small cases,discusses the premise of insurance subrogation right,exercise the object,the limitation of action and the scope of compensation.The preconditions for exercising the right of subrogation of insurance include the establishment of the insurance contract,the insured's right to claim damages against the third party,and the insurer's completion of the payment of the insurance indemnity.The object of exercise is the third party who causes the occurrence of the insured accident and is liable for the loss of the subject matter insured;The limitation period of the right of subrogation of the insurance shall be governed by the general provisions of the civil law,from the date when the insurer obtains the right of subrogation,the limitation of action shall apply.The insurer can only subrogate the right of claim from the scope of the indemnity.In the case of regression sample,PICC nanjing branch can subrogate compensation in its own name if it meets the premise of exercise.As a carrier,Yadong company is liable for the damage of goods in transit,while Donghong company is not the object of non-right exercise of the relative person in the transport contract.P ICC nanjing branch filed the case within the limitation period.The appraisal fee is not within the scope of subrogation,and the actual amount of compensation for damage belongs to the scope of insurance subrogation.