Is there a contradiction between Article 86 of the Insurance Law and the insurer s right of subrogat

Article 86 of the Insurance Law stipulates the obligation of insurance companies to report on their solvency, and simply put, even if they are published, so that policyholders can believe that the insurance company is solvent, and the various reports of insurance companies are closely related to the company's reputation. The right of subrogation means that the insurer has the right to claim compensation from the responsible party on behalf of the insured. To exercise the right of subrogation, the insurer needs to meet three prerequisites:

First, the cause of the loss of the subject matter of the insurance is the insured accident, and at the same time, it is caused by the act of a third party. In this way, the insured has the right to claim compensation against both the insurer and the third party, and he can claim compensation from the insurer in accordance with the insurance contract or from the third party in accordance with the law. Second, the insured has not waived the right to claim compensation from a third party.

If the insured waives the right to claim compensation against a third party, the insurer is not entitled to exercise the right of subrogation after compensating the insured for the insured's losses. Thirdly, the insurer obtains the right of subrogation after it has fulfilled its liability in accordance with the insurance contract. Because the right of subrogation is the transfer of the creditor's right, the specific debt relationship between the insured and the third party has nothing to do with the insurer before the transfer of the creditor's right.

Only after the insurer has paid the insurance money to the insured in accordance with the provisions of the insurance contract can the insurer obtain the right to claim compensation from a third party in accordance with the law.

There is no contradiction, but from a written understanding, Article 86 is aimed at the insurer and the insurance supervision system, and has nothing to do with the subrogation of the insurer.

The legal provisions are as follows:

1. If the insured accident is caused by the damage of the third party to the insured object, the insurer shall subrogate the insured's right to claim compensation from the third party within the scope of the compensation amount from the date of compensation to the insured;

2. If the insured has already obtained damages from a third party after the occurrence of the insured accident specified in the above-mentioned provisions, the insurer may deduct the amount of compensation obtained by the insured from the third party accordingly when compensating the insurance pre-insurance premium.

The content of the insurer's subrogation is as follows:

1. The right of subrogation is a right to transfer creditor's rights;

2. The insured accident in the subrogation claim is caused by a third party;

3. The acquisition of the right of subrogation must be based on the payment of the insurance money by the insurer, and the insurer automatically obtains the right of subrogation after the compensation is paid;

4. The scope of the right of subrogation shall not exceed the amount of compensation paid by the insurer;

5. When exercising the right of subrogation, the insurer does so in its own name and to the third party who caused the insured accident.

The right of subrogation under the Insurance Law refers to the right enjoyed by the insurer to subrogate the right of the insured to claim compensation from a third party who is liable for the damage caused to the subject matter of the insurance.

If the insured has already received compensation from a third party, the insurer may deduct the amount of compensation received by the insurer from the third party accordingly. After the insurer compensates the insured, if the insured waives the claim for compensation from a third party without the consent of the insurer, the act is invalid. If the insurer is unable to exercise the right to claim compensation due to gross negligence on the part of the insured, the insurer may deduct or demand a refund of the corresponding insurance money.

If an insured accident is caused by a third party's damage to the insured object, the insurer shall subrogate the insured's right to claim compensation from the third party within the scope of the compensation amount from the date on which the insurer compensates the insured. If the insured has already obtained compensation from a third party after the occurrence of an insured event, the insurer may deduct the amount of compensation already obtained by the insured from the third party when compensating the insurance money.

Legal analysis: insurance subrogation is the right of insurance subrogation, which refers to the right of the insured to claim compensation from the third party responsible for the damage caused by the insurer after the insurer has paid compensation to the insured, that is, the insurer becomes the beneficiary of the insured's claim and has the right to sue the liable third party in its own name or in the name of the insured to require it to compensate for the insurance compensation it has paid.

Legal basis: Article 60 of the Insurance Law of the People's Republic of China If an insured accident is caused by a third party's damage to the subject matter of insurance, the insurer shall subrogate the insured's right to claim compensation from a third party within the scope of the compensation amount from the date of compensation to the insured. If, after the occurrence of the insured event specified in the preceding paragraph, the insured has already obtained compensation from a third party, the insurer may deduct the amount of compensation that the insured has received from the third party when compensating the insurance money.

The insurer's exercise of the right to claim compensation by subrogation in accordance with the provisions of the first paragraph of this Article shall not affect the insured's right to claim compensation from a third party for the part for which compensation has not been obtained.

1. Introduction to insurance types.

Insurance is a financial instrument that can help you get compensation in the event of an unexpected or unforeseen loss. There are many types of insurance coverage, covering all aspects of health, property, liability, travel, and more. Let's take a look at the common types of insurance.

1.Health insurance.

Health insurance is one of the most common types of insurance coverage that can help protect you against the risk of medical expenses. Health insurance can reimburse you for medical expenses incurred in the event of an illness or injury, including hospitalization, outpatient expenses, medications, etc.

2.Property insurance.

Property insurance is the most common type of insurance that can help protect you against the risk of property damage. Property insurance can reimburse you for expenses you pay in the event of damage or loss of property, including residential damage, vehicle damage, property damage, and more.

3.Liability insurance.

Liability insurance is a type of insurance that helps you protect against the risk of loss due to your actions. Liability insurance can reimburse you for the expenses you pay when you cause losses to others due to your own actions, including compensation for personal injury, property damage, etc.

4.Travel insurance.

Travel insurance is a type of insurance that helps protect you against the risks you may encounter while traveling. Travel insurance can reimburse you for expenses incurred in the event of an accident or unforeseen loss during your trip, including medical expenses, property damage compensation, and more.

2. The importance of insurance.

Insurance is a financial instrument that helps you get compensation in the event of an unexpected or unforeseen loss. The importance of insurance is self-evident, so let's take a look at the importance of insurance.

1.Keeping your property safe.

2.Keep your home safe.

3.Guarantee personal safety.

4.Guarantee the safety of responsibility.

Insurance can help you protect against the risk of loss caused by your own actions, and can reimburse you for the expenses you pay when you cause losses to others due to your actions, so as to protect your liability.

Conclusion. As you can see from the above introduction, there are many types of insurance coverage, covering health, property, liability, travel and other aspects, and the importance of insurance is self-evident, it can help you resist various loss risks and protect your property, family, personal and liability safety. Therefore, taking out insurance is a wise choice that can provide a strong guarantee for your safety.