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|Title:||The Identity of Insured and Victim in Compulsory Automobile Insurance, and Statute of Limitation for Subrogation-Comment on Taiwan New Taipei City District Civil Court Judgment Bao-Xian No. 36 (2013)|
Insured;Victim;Insurant Assignment;The Statute of Limitations;Scheduled Period
|Issue Date:||2018-02-07 14:25:15 (UTC+8)|
The word ＂insured＂ in Compulsory Automobile Liability Insurance Act (hereafter as Act) was referred to ＂insurant＂ and ＂any person using or managing the insured automobile with the insurant's consent.＂ Taiwan New Taipei City District Civil Court Decision held that someone driving insured automobile with insured consent couldn't be referred to ＂insured＂ in Act, liability insurer would not responsible for the car accident. Furtherly, the Court held if that insured was a passenger in the car accident, the insured would not be referred to ＂victim＂ in Act. Even liability insurer could subrogate in accordance with the Act in case of driver without license, liability insurer has no responsibility to wounded passenger. So liability insurer couldn't subrogate and recover from the driver after paying insurance money to third party. It's important to note the Decision, which was involved with the identity of compulsory automobile liability insured and victim, and statute of limitation for subrogation. This Article contended that we should take extended explanation approach to include ＂any person using or managing the insured automobile with the insured consent＂ as ＂insured＂ in Act, so we could fix the protection loophole. And when the liability insurer subrogate against the insured, the insured might use statutory of limitation defense against the insurer.
|Relation:||法令月刊, Vol.66, No.5, pp.62-77|
|Appears in Collections:||[法律學系] 期刊論文|
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