The Claim of Subrogation for Public Safety Accident of NHIA: The Fire of Pingtung Nan Men Nursing Home
The Pingtung Nan Men Nursing Home encountered a Fire, and NHIA claimed subrogation against the insurer of the liability insurance and the responsible personnel of Nan Men Nursing Home. The court adjudged that the insurer of the liability insurance should pay as NHIA claimed. The court thought that National Health Insurance Act didn’t regulate that NHIA could claim against the perpetrator clearly and NHIA couldn’t claim subrogation of Article 53 of Insurance Act, so the court overruled the claim of NHIA against the perpetrator. Whether NHIA could exercise subrogation of insurance or not? This paper will sort the positive and negative opinions and propose the improvement suggestion for the exercise of claim.