关键词: 不足额保险, 代位求偿权, 损失补偿, 《保险法》

Abstract: Under wantage insurance, when the loss is caused by a third party, the insurer gains the indemnity-recovering right of subrogation therefrom, provided that the insurer executed its duty of indemnity. At the same time the insured party has the right to lay claim to the third party for the unpaid remainder of full indemnity. The Insurance Law and relative laws haven’t made it clear as to who has the priority to claim indemnity, neither are there clear and definite stipulations about the specifics of rights and interests, such lead to different opinions in dealing with the indemnity. By case analysis, the present paper scrutinizes this question in the light of law and holds the view that the recourse should be done in accordance with the proportion between the insured sum of money and the insurance value.

Key words: wantageinsurance, indemnity-recoveringrightofsubrogation, indemnity, InsuranceLaw