Insurance Subrogation Litigation Study Of Some Problems

Insurance Subrogation system is designed to prevent unjust enrichment of the insured person, maintaining the principle of compensation for insured losses of an ingenious system, the insurer's insurance subrogation rights are generally through the institution of insurance subrogation litigation ways. Because the insurance subrogation litigation legal relationships are very complex, and involve civil procedure law, civil law, insurance law, etc. The core theoretical issues of different legal and insurance subrogation litigation is different from the general civil procedure with particularity. Britain and other countries, the insurance industry is highly developed, case-rich, and insurance subrogation litigation systems in the more mature sound. China's insurance industry for relatively short periods, and insurance subrogation litigation procedures, inadequate legislation, in practice the problems continued. This paper aims to legal argumentation, comparative study and empirical methods of analysis of the system appears in practice to study a number of controversial issues with a view to China's insurance subrogation litigation system to provide the legislative and judicial practice, a number of references. Full-text is divided into six chapters.Chapterâ… Insurance Subrogation Litigation overview. The article made clear at the beginning of the insurance subrogation litigation concept and detail of the insurance subrogation litigation scope of application, focused on analyzing the possibility of engaging in personal insurance subrogation litigation situation.Chapterâ…¡Insurance Subrogation rights theory. This chapter first introduced the right of subrogation of the insurance concept, origin; then explore the insurance subrogation right of two theoretical foundation, that is the basis of insurance law and civil law foundation, a clear right of subrogation of the insurance the insurance law principle of compensation is derived; Insurance Subrogation right of the civil law in the settlement of the subrogation right, and civil law do not reflect the true theory of joint and several liabilities.Chapterâ…¢Insurance Subrogation party to the proceedings. This chapter describes in detail the insurer, the insured and the responsibility of a third person in the insurance subrogation litigation position of the parties. First through appropriate lattice theory, the parties made clear the name of the insurer to prosecute the legitimacy of their own. Followed by discussion of the insurance subrogation litigation the defendant was the insured person may recover all the responsibility according to law a third person, analysis of the policyholders and the public and corporate special status as a defendant because of the possibility. Finally, we discuss the insured in the insurance subrogation litigation proceedings to assist the insurer's participation.Chapterâ…£insurers to start the insurance subrogation litigation approach. This paper discusses the insurer to start the insurance subrogation litigation in two ways. Insurers who have the three conditions can be sued directly for which I pay the insurance compensation, the insured person to third person has the right to claim for compensation, the amount of subject matter of litigation in order to limit the amount of insurance payment. If the insured person has filed a recovery suit, the insurer may apply for an independent third party to join.Chapterâ…¤subrogation proceedings of judicial review of insurance contracts. This chapter deals primarily in the insurance case of voluntary payment, the judiciary should be whether the proceedings against insurers and the insured person's insurance contractual relationship between the substantive review, the author of voluntary payment by the insurer under subrogation of the right to judicial review of whether the legitimacy and necessity of two point of view, come to our court in an insurance subrogation cases should be carried out strictly in accordance with the law form of review, without the need for substantive review.Chapterâ…¥insurance subrogation litigation statute of limitations. This chapter describes the limitation period of the academic community on the two opposing views, and insurance in carrying out the practical problems encountered in the proceedings, due to China's relevant laws and have the insurance subrogation of limitation in actions for specific provisions, the author of the insurance recovery in the context of practice and relevant laws and regulations circumstances, put forward some suggestions and measures.