subrogation(代位求償權)

字號:

英文解釋:
    n. assuming the legal rights of a person for whom expenses or a debt has been paid. Typically, subrogation occurs when an insurance company which pays its insured client for injuries and losses then sues the party which the injured person contends caused the damages to him/her. Example: Fred Farmer negligently builds a bonfire which gets out of control and starts a grass fire which spreads to Ned Neighbor's barn. Good Hands Insurance Co. has insured the barn, pays Neighbor his estimated cost of reconstruction of the barn, and then sues Farmer for that amount. Farmer will have all the "defenses" to the insurance company's suit that he would have had against Neighbor, including the contention that the cost of repairing the barn was less than Neighbor was paid or that Neighbor negligently got in the way of firefighters trying to put out the grass fire.
    中文解釋:
    代位求償權
    指因第三者對保險標的的損害而造成保險事故的,保險人自向被保險人賠償保險金之日起,在賠償金額范圍內,有權代位行使被保險人對第三者請求賠償的一種權利。代位求償權是一種債權的轉讓,其成立必須具備三個條件:
    (1)被保險人對第三者享有賠償請求權;
    (2)保險人對保險標的的損失負有賠償義務,保險人支付了賠償金;
    (3)保險人在代位求償中享有的利益,不能超過其賠付給被保險人的金額,如果從第三方那里追償到的金額大于其賠償給被保險人的金額,其超出部分應歸被保險人所有。
    保險人的代位求償權適用于財產保險合同,它的采用避免了被保險人因一筆財產損失而從保險人和第三者責任方那里得到雙份的補償,從而有力地捍衛(wèi)了損害補償原則。