" case of highest courtyard guidance " underwriter subrogation seeks countervail authority issue

Because a third party is right of insurance mark damage cause insurance accident, after the underwriter compensates for insurance gold to insurant, subrogation exercise insurant requests compensatory right to a third party and of to lodge a complaint, ought to concern according to the law between the insurant of underwriter place subrogation and a third party, and ought not to concern according to insurance contract law affirmatory administer court. Insurant of enroach on of a third party closes right increase, by tort behavior ground or court of ground of the accused abode administer.

On June 1, 2011, branch of Beijing of limited company of insurance of China peaceful property (insurance company of abbreviation Hua Tai) with Beijing inferior big bright and beautiful meal management limited company (abbreviation inferior big bright and beautiful meal company) sign contract of motor-driven car insurance, be by the car brand of insurance car Beijing A82368, between insurance period from June 5, 2011 0 when case to on June 4, 2012 24 when stop. On November 18, 2011, chen Mou some drives to be faced south to Beijing by insurance car travel on area airport freeway when, the car that is GA9120 of look forward to with the car brand that Li Zhigui drives produces traffic accident, cause be damaged by insurance car. Via making a valve the branch is maintained, li Zhigui suffers an accident total liability. After accident happening, the agreement of contract of insurance of according to of Hua Tai insurance company, to insurant inferior big bright and beautiful meal company compensates for insurance gold 83878 yuan, obtain subrogation to seek countervail power lawfully. Be based on cause trouble car to be fastened in the day to install Heibei of property insurance Inc. to save a branch Zhang Jia mouth pays a company (abbreviation day brings insurance company) cast defended compulsory insurance of liability of accident of motor vehicle traffic, hua Tai insurance company reachs Beijing at appealing to in October 2012 east court of people of the city zone, the request sentences Li Zhigui of driver of cause trouble of your the accused and company of day security risk to compensate for 83878 yuan, bear litigant cost.

The abode ground with expensive annals of the accused plum saves city of piece of members of a family to conceive prefectural Sha Cheng to press down for Heibei, the abode ground of company of risk of security of the accused day is city of piece of members of a family to conceive prefectural Sha Cheng to press down Yan Jing road east 108, insurance accident produces the ground to be freeway of airport of area of Beijing rising sun to go up, be by the address of holder of record of card of insurance car travel Beijing east street of new Chinese and Western of road of north of put oneself in another's position of industry of the city zone 8.

Beijing east court of people of the city zone made on December 17, 2012 (2012) Dong Minchu word the 13663rd civil ruling: To Hua Tai insurance company sue do not grant to accept. After adjudging, party did not appeal, the ruling already produced legal effectiveness.

Basis " law of insurance of People's Republic of China " the 60th regulation, the underwriter's subrogation begs countervail to counterpoise show the underwriter is enjoyed lawfully, subrogation exercise insurant has a third party of liability to pay compensation to request compensatory right to the harm that causes insurance symptom. Underwriter subrogation begs countervail authority to result from direct regulation of law, belong legal right of the underwriter, be not the conventional right that be based on insurance contract and produces. Because a third party is right of insurance mark damage cause insurance accident, after the underwriter compensates for insurance gold to insurant, subrogation exercise insurant requests compensatory right to a third party and of to lodge a complaint, should decide according to the legal impact between the insurant of underwriter place subrogation and a third party administer court. Insurant of enroach on of a third party closes right increase, because of the lawsuit that tort behavior mentions, according to " code of civil law of People's Republic of China " the 28th regulation, by tort behavior ground or court of ground of the accused abode administer, and dispute of contract of insurance of not applicable property administer regulation, should not serve as with the content seat of insurance mark administer according to.

In this case, a third party carried out behavior of road transportation tort, cause insurance accident, insurant has tort damages to request authority to a third party; Authority of underwriter exercise subrogation sues a third party, ought to by tort behavior ground or court of ground of the accused abode administer. The abode ground that shows 2 the accused and tort behavior ground all are not in Beijing east the city zone, reason Beijing east court of people of the city zone is done not have to should be being sued jurisdictional, should rule do not grant to accept.

This case is picked from adjudgement flow makes public a net