TY - JOUR

T1 - The insured's duties under subrogation

T2 - A comparative analysis of Chinese, English and Australian Law

AU - Jing, Zhen

PY - 2013/11

Y1 - 2013/11

N2 - Where an insured event is caused by a negligent third pary, after the insurer has indemnified the indsured's loss as required by the policy, he or she is entitled to step in the insured's shoes and enforce the insured's right to sue the third party wrongdoer. This is called subrogation. Chinese insurance law requires the insured not to abandon or limit his or her right to claim against the third party and to assist the insurer in exercising subrogation rights. The rules of law seem to cover the situation oly after the insured event has occurred. The insured's duties before the occurence of the insured event appear undefined, giving rise to difficulties in practice. This article aims to critically examine relevant provisions in the Insurancve law in respect of the insured's duties under subrogation. Difficulties in the application of these rules due to ambiguities of the provisions are discussed with reference to English and Austrlian approaches, and solutions to the deficiencies of the relevant rules proposed.

AB - Where an insured event is caused by a negligent third pary, after the insurer has indemnified the indsured's loss as required by the policy, he or she is entitled to step in the insured's shoes and enforce the insured's right to sue the third party wrongdoer. This is called subrogation. Chinese insurance law requires the insured not to abandon or limit his or her right to claim against the third party and to assist the insurer in exercising subrogation rights. The rules of law seem to cover the situation oly after the insured event has occurred. The insured's duties before the occurence of the insured event appear undefined, giving rise to difficulties in practice. This article aims to critically examine relevant provisions in the Insurancve law in respect of the insured's duties under subrogation. Difficulties in the application of these rules due to ambiguities of the provisions are discussed with reference to English and Austrlian approaches, and solutions to the deficiencies of the relevant rules proposed.

M3 - Article

VL - 25

SP - 70

EP - 89

JO - Insurance Law Journal

JF - Insurance Law Journal

SN - 1030-2379

IS - 1

ER -