w88 casino News Network (provided by the Law w88 casino)A few days ago, the symposium on "Insurance Subrogation Rights and Insurance Assessment Practices" was successfully held at Sinosteel International Plaza in Haidian District, Beijing. This symposium was hosted by the Beijing Insurance Law Research Association, and the participants came from the Fourth Branch of the Beijing Municipal People's Procuratorate, the Beijing Insurance Law Research Association and the insurance industry. The team was led by Senior Prosecutor Feng Yingju, Special Committee Member of the Fourth Branch of the Beijing Municipal People's Procuratorate, and prosecutors Shan Haiying, Yu Jing, Wang Ying, and Zhang Bing participated in the seminar. Commissioned by Professor Zhang Yanfang, President of the Beijing Insurance Law Research Association, the symposium was hosted by Professor Li Qingwu of w88 casino, and Ma Mingming, a 2021 doctoral student of the Law w88 casino, attended the meeting.
In the discussion session, Professor Li Qingwu explained the legal principles, functions and judicial application of insurance subrogation rights based on typical cases. The core function of insurance subrogation rights is to prevent persons responsible for torts or breach of contract from evading civil or commercial liability for compensation, thereby maintaining transaction order and social security. When the actuarial pricing is reasonable, the insurance company's insurance compensation has been dispersed to other policyholders through premiums. However, the insurance company has maintained public interests or transaction order by exercising the insurance subrogation right and should receive benefits. The right of insurance subrogation to obtain judicial support should meet the conditions. When the civil or commercial liability for compensation is clear, the right of subrogation should be supported; when the civil or commercial liability for compensation is difficult to establish, it should not be supported. In practice, if the cause or extent of the loss of the insured subject cannot be ascertained and cannot be attributed to the person responsible for tort or breach of contract; or if the evidence cannot be admitted due to conflicts, the insurance company should not exercise the right of insurance subrogation, and even if it is exercised, the court should not support it. Regarding the issue of adjustment and adjustment, Professor Li Qingwu believes that my country's insurance adjustment and adjustment industry started late and the overall professional management is relatively backward. The procedures of adjustment and adjustment are inevitably not standardized. If the parties have disagreements on the adjustment and adjustment conclusion, they can apply for judicial appraisal.
Concerning the issue of "lump-sum maintenance" in insurance practice, Professor Li Qingwu focused on analyzing the rationality and moral hazard of "lump-sum maintenance". The rationality of lump sum maintenance lies in: (1) It reduces the professional ability requirements of insurance companies to supervise automobile repair shops, which is in line with the current low level of professional operation of my country's insurance industry; (2) It controls the compensation costs of insurance companies to a certain extent and prevents repair shops from asking for excessive prices. But at the same time, the moral hazard lies in the fact that insurance company staff may conspire with the repair shop to infringe on the legitimate rights and interests of the person being pursued. Professor Li Qingwu suggested using commercial law thinking, reasonably allocating the burden of proof based on the severity of commercial legal liability, and reviewing the evidence seriously and standardizedly, so as to make a correct judgment on whether to support the insurance company's right of subrogation.
At the end of the symposium, prosecutor Feng Yingju, special committee member of the Fourth Branch of the Beijing Municipal People's Procuratorate, said that the Fourth Branch of the Beijing Municipal People's Procuratorate and the w88 casino of Law of the w88 casino are jointly established units. It is hoped that the two institutions will continue to strengthen cooperative research in the field of insurance law in the future to better serve the procuratorial supervision and legal talent training in this field. Professor Li Qingwu said that he would convey this intention to Professor Feng Hui, Dean of the Law w88 casino. At the same time, he said that strengthening procuratorial supervision in the civil and commercial field will help implement judicial fairness and prevent the judicial mechanism from "idling" in individual cases. This has strengthened the sense of responsibility and urgency of insurance law scholars in theoretical and practical research.
