The Claim of Subrogation for Public Safety Accident of NHIA: The Relationship between the Subrogation from National Health Insurance to the Liability Insurer and the Direct Claim from the Third Party
The insurance object could claim for compensation for damage to the liability insurer who is also the third party, if the former got damage from an accident which the latter was obliged to compensate, and after the payment by National Health Insurance had been fulfilled. However, according to paragraph 94 section 2 Insurance Law, the liability insurer wouldn’t pay the compensation to the third party until that the obligation of the compensation of the insured to the third party had been confirmed. In this respect, after the obligation of compensation of the insured should be confirmed, National Health Insurance could subrogate the liability insurer to claim for compensation. The judgment from Supreme Court might not be proper that the relationship between the legal rule mentioned above and the subrogation of National Health Insurance didn’t be considered.