英文摘要 |
The purpose of this research is to remodel the system of the protection of insurance subrogation in Taiwan with comparative law perspective. Considering subrogation’s critical role in indemnity principle, it is worth more protection against prejudice. However, there is no specific regulation regrading this in Taiwan and different opinions of scholars create more controversies. After the comparative survey, this paper proposes that the “knowledge-of-insurance exception” rule in Anglo-American Law can be followed in Taiwan law, for better considering the knowledge of the third party. Also, a wide definition of subrogation prejudice is worthy of consideration, to better incorporate the duty of the insured to assistand not to prejudice subrogation right. Finally, insurer’s duty of explaining the result of subrogation prejudice to the insured can be considered to decentlybalance their interests. |