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保险代位权只适用于财产保险 ,为财产保险以及同财产保险具有相同属性的补偿损害的保险所专有的制度。但是 ,对于责任保险 ,保险人是否享有代位权问题 ,在理论和实务上却素有争议。责任保险为财产保险的一种 ,性质上仍为补偿损害的保险 ,所以无疑也存在代位权问题 ,但其适用范围非常狭窄 ,仅适用于共同侵权的情形。
Insurance subrogation applies only to property insurance, which is the exclusive system of property insurance and insurance that has the same attributes as property insurance. However, for liability insurance, whether the insurer has the right of subrogation is controversial in theory and practice. Liability insurance is a kind of property insurance, which is still a kind of insurance that compensates for damages in nature. Therefore, there is no doubt that there is also the subrogation right. However, its scope of application is very narrow and only applicable to the case of joint infringement.