健保局代位求償案：從屏東南門護理之家火災案談起【學習式判解評析】 試閱
The Claim of Subrogation for Public Safety Accident of NHIA: The Fire of Pingtung Nan Men Nursing Home
南門護理之家發生火災，健保署向該機構投保之責任保險業者及機構負責人代位求償，經法院判命責任保險業者如數給付，惟健保法並無明文得向肇事者求償，亦不得適用保險法第53條代位求償之規定，故駁回向肇事者求償部分。健保究竟有無保險代位之適用？本文整理正反意見，並提出求償實務之改善建議。
The Pingtung Nan Men Nursing Home encountered a Fire, and NHIA claimed subrogation against the insurer of the liability insurance and the responsible personnel of Nan Men Nursing Home. The court adjudged that the insurer of the liability insurance should pay as NHIA claimed. The court thought that National Health Insurance Act didn’t regulate that NHIA could claim against the perpetrator clearly and NHIA couldn’t claim subrogation of Article 53 of Insurance Act, so the court overruled the claim of NHIA against the perpetrator. Whether NHIA could exercise subrogation of insurance or not? This paper will sort the positive and negative opinions and propose the improvement suggestion for the exercise of claim.
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