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仅从保护被保险人角度确定保险代位权中“第三人”范围存在一定困难。如果同时参照保险利益原则,则是一种较为理想的确定方法,它可以使“第三人”范围变得更加清晰。即除故意造成保险事故外,不同主体在事故发生时与被保险人在同一保险标的上具有同一保险利益的,不应当认定为“第三人”;而与被保险人在事故发生时在同一保险标的上不具有同一保险利益的主体,因违约或侵权责任导致保险标的受损,保险人向被保险人赔偿后,可以在相应金额范围内向该“第三人”进行追偿。在具体采用上述方法时,还需要适当注意侵权与违约竞合情况下保险人诉讼选择对“第三人”范围正常延伸的影响。
Only from the perspective of the protection of the insured person in the insurance subrogation “third person ” range there are some difficulties. If you refer to the principle of insurance benefits at the same time, it is an ideal method of determination, which can make “third person ” range becomes more clear. That is to say, apart from the intentional creation of an accident, the different subjects shall have the same insurance interest on the same subject matter when the accident occurs and shall not be deemed as “third party”; and when the accident occurs In the same subject matter of insurance do not have the same insurance interests of the subject, due to breach of contract or tort liability led to the subject of insurance damage, the insurer compensation to the insured, you can within the appropriate amount to the “third party ” for recovery. In the specific use of the above method, we also need to pay due attention to the influence of the insurer’s litigation choice on the normal extension of the scope of “third party” under the circumstance of infringement and breach of contract.