The blockage and countermeasure of Subrogation Right in Marine Cargo Insurance

• Main Authors: Chi-Wei Li, 李紀薇
• Other Authors: 曾文瑞
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/16111289652544006358

碩士 === 長榮大學 === 航運管理研究所 === 95 === The subrogation right is very important operation segment for marine cargo insurances; it is arising from the principle of indemnity. The subrogation rights could prevent the insured from getting more illegal compensation from the insurance company. Besides, regarding to the responsible third party, they could not escape their responsibilities through the insurance system. Subrogation right is also a bridge to combine the law and the social justice. However, when the subrogation right belonged to the insured and the insured do not protect the right quite well, it would be accessibly the insurer to administer it, and has accounted for the blockage of subrogation right. Unfortunately, there is no clear and precise definition of subrogation right in Taiwan’s Insurance Law. Thus; this study discusses all kind of the marine cargo insurance subrogation right blockage by induction and comparison. The study found that the efficacy of the subrogation right blockage is different before the reparation and after the reparation. Before get the reparation, the subrogation right blockage is no efficacy, and the insurer could to ask amends. Adversely, if the insured had already got the reparation, the efficacy of the subrogation right blockage is invalid. Aside from these, if the blockage of Subrogation Right are made from the insured, that the efficacy are the same before getting the reparation. Finally, we make three proposals of the blockage of the subrogation right deductively: 1.Remodels the insurance law; 2.Making the endorsement as special clauses; 3.Inquired the item of the subrogation right in the application form. And we hope it could protect the insurer, and carry out the objective in law of subrogation right.