Subrogation in Insurance Contracts

Abstract

            This article aims to study the subrogation under the law of obligations, which serves as a general principle, and the subrogation in insurance contracts under the law of insurance, which represents the specific principle of subrogation in non-life insurance contracts.

            The study found that subrogation in insurance contracts exists only in non-life insurance contracts. Additionally, the study identified legal issues that should lead to amendments, including the following problems: the statute of limitations for lawsuits concerning subrogation in insurance contracts, partial subrogation, and the calculation of interest in subrogation under insurance contracts.

            The author suggests that Regarding the statute of limitations, it should be amended so that the statute of limitations for lawsuits concerning subrogation in non-life insurance aligns with the original obligation. For the issue of partial subrogation, it should be amended so that the insurer is subrogated to the extent of the amount paid but not exceeding the actual loss. Regarding interest, the provision should be amended to allow the insurer to be entitled to interest from the date the indemnity was paid to the insured or the beneficiary.