earticle

영어

What marine insurance seeks is interest balance between insurer and assured and fair value of law. Based on this, the assured is entitled to insurance compensation against the insurer where a favorable decision has been made by court but has not been executed. The insurer, after payment to the assured, is subrogated to the compensation right against the liable third party. This article gives suggestion to insurers and assured on how to avoid such insurance risks in practice.

중국어

从海上保险制度的目的、实现保险人与被保险人利益平衡以及法律公平价值 的实现的角度考虑，在被保险人向第三人提起诉讼并获得有利判决但其尚未实 际受偿的情形下，被保险人仍有权要求保险人予以理赔；保险人理赔以后，在 其赔付范围内依法享有被保险人在有利判决下对第三人应有的权利，即保险人 取得代位求偿权。在此结论基础上，对实务中保险人和被保险人应如何规避风险提出建议。