Some Aspects of the Doctrine of Subrogation in Insurance law

Abstract

The concept of insurance began to spread since the Eighteen century due to its importance in our daily, economic and social life. Its own principles began to be adopted till it has became a law. One of these principles is the doctrine of subrogation. By this doctrine the insurance company is being able to subrogate the insured by suing the third party who actually caused the damage insured against. This research contains three chapters in addition to the introduction and the conclusion. The first chapter addresses insurance in general and the contract of insurance in particular, Its definition, difference from other type of contracts, parties to it in addition to it is own principles for example ubrimafide, and the duty of disclosure. The second chapter handles subrogation, historical background, definition, criticisms against, Its procedure, the situations under which there is no right of subrogation, and wavier of this right. The third chapter discuss the indemnity, its relation with subrogation, the Assessment of indemnification, co insurance and double insurance, and the uninsured losses. At last the conclusion which contains the recommendations and suggestions.