Subrogation is a term commonly used in insurance. Certain rights that are legally transferred from the insured to the insurer when the insurer pays the insurance claim to the insured. Such rights are limited to property insurance.
The insurer's subrogation rights include two kinds: ?
1. Subrogation in rem. The insurer compensates for the loss of the subject matter of the insurance, that is, to obtain the ownership of the subject matter. Subrogation in rem exists only in the case of partial loss of the subject matter of the insurance.
2, rights subrogation. The subject matter of the insurance accident and loss, if according to the law or the relevant provisions of the third party shall be responsible for compensation, the insurer in the first compensation, that is, to obtain the right of the insured to claim compensation from the third party. However, this right cannot exceed the amount paid by the insurer.
Expanded Information:
Nature of Subrogation Claims:
1. Claims fictitious transfer theory, which holds that although the insured's claim is extinguished by the insurer's reimbursement of the insurance premium, the law fictitious that the claim is still in existence and is transferred to the insurer.
2, indemnity claim. It is believed that the insurer from the time of payment of insurance benefits, the same as the extinguished claim for compensation.
3, the transfer of claims. The doctrine that subrogation is essentially the insurer of third-party claims "legal assignment", without the insured's intention to transfer, without the consent of the debtor.
Baidu Encyclopedia - Subrogation Rights