What Are The Provisions For Deduction Of Insurance Compensation?
Insured
It is an obligation to maintain.
If it is for its fault, it will damage the insurers.
Equity
The insured shall bear corresponding legal liabilities in accordance with the law.
In the international marine insurance market, the liability of the insured is usually achieved by deducting insurance compensation from the insurer.
According to our country
Maritime Law
The 253rd provision stipulates that there are two kinds of behaviors that the insurer can damage the insurer's rights in the process of insurance compensation payment:
1. the right of the insured to waive the right to claim compensation from the third party without the consent of the insurer.
In the marine insurance, the insurer obtains the right to claim compensation from the third party in the scope of insurance compensation through full loss or partial loss.
Whether the waiver of the right is related to the insurer's interests shall not be arbitrarily disposed by the insurer.
Only by the consent of the insurer, the insured person must give up this right.
Otherwise, the insurer shall have the right to deduct the insurance indemnity from his insurance payment to ensure that he shall have the right to claim compensation to the third party.
2. because of the fault of the insured, the insurer can not exercise the right of recourse.
In the same way, the right to recover the third party liability from the insured to the insurer is the premise of the insurer's insurance claim and the insurer's insurance compensation.
If the insured has exercised the right of compensation for the third party liability and has obtained the financial compensation, the compensation for the marine insurance contract will be unable to obtain the insurance compensation due to the compensatory restriction of the marine insurance contract.
Therefore, the 254th clause and first paragraph of the Maritime Code of China stipulates: "when the insurer pays the insurance compensation, he can deduct the compensation that the insured has obtained from the third person from the amount of compensation payable.
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