在海上保险事故的发生存在第三责任人情形下,保险人通常是先行赔付被保险人后取得代位求偿权,再向第三责任人进行追偿。可取得代位求偿权并不意味着保险人可以从第三责任人获得赔偿。当然,保险人未获赔之缘由多样,在这里笔者从保险公估人的角度出发,结合司法实践对保险公估人如何影响保险人之代位求偿权实现这一问题进行分析。 In the case of a third person in charge of the occurrence of a marine accident, the insurer usually obtains the subrogation right after the insured person is paid, and then makes a recovery to the third person in charge. The availability of subrogation does not mean that the insurer can receive compensation from the third owner. Of course, there are many reasons why the insurer has not been compensated. Here, from the perspective of the insurer, the author analyzes how the insurer affects the subrogation right of the insurer according to judicial practice.