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Study on the Rights of Subrogation in Insurance

Study on the Rights of Subrogation in Insurance 

Xiangbo CHEN 

University of Science and Technology Liaoning, 114051, CHINA 


Abstract: The system of subrogation can also pass proprietary rights such as a security interest or claim to ownership of goods. If a work of art is stolen, and the insurance company pays out under a policy of insurance to the owner and the art is later recovered, the art will belong to the insurance company under rights of subrogation. Thus the fundamental purpose of the system was stated as being to prevent an insured from obtaining more than full indemnity for a loss . In exchange for full indemnity, the insured impliedly transfers his rights to obtain further indemnity from other sources. It Is very important that everyone understands the terms and conditions of every contract they sign as well as the consequences that may follow whenever any incident takes place. I therefore justify the rights of subrogation. It is a doctrine which I can say is the voice of the voiceless in the face of an accident. Some people on their own fail to claim their compensation for the damage. And not only does this doctrine benefit one party , also it makes sure that there is no overcompensation. In my own opinion all the insurance companies must include the clause in every contract and make it known to their clients. 

Keywords: Subrogation; Right; Insurance