代位求偿权指因第三者对保险标的的损害而造成保险事故的，保险人自向被保险人赔偿保险金之日起，在赔偿金额范围内，有权代位行使被保险人对第三者请求赔偿的一种权利。代位求偿权是一种债权的转让，其成立必须具备三个条件：（1）被保险人对第三者享有赔偿请求权；（2）保险人对保险标的的损失负有赔偿义务，保险人支付了赔偿金；（3）保险人在代位求偿中享有的利益，不能超过其赔付给被保险人的金额，如果从第三方那里追偿到的金额大于其赔偿给被保险人的金额，其超出部分应归被保险人所有。保险人的代位求偿权适用于财产保险合同，它的采用避免了被保险人因一笔财产损失而从保险人和第三者责任方那里得到双份的补偿，从而有力地捍卫了损害补偿原则。subrogationn. assuming the legal rights of a person for whom expenses or a debt has been paid. Typically， subrogation occurs when an insurance company which pays its insured client for injuries and losses then sues the party which the injured person contends caused the damages to him/her. Example： Fred Farmer negligently builds a bonfire which gets out of control and starts a grass fire which spreads to Ned Neighbor's barn. Good Hands Insurance Co. has insured the barn， pays Neighbor his estimated cost of reconstruction of the barn， and then sues Farmer for that amount. Farmer will have all the "defenses" to the insurance company's suit that he would have had against Neighbor， including the contention that the cost of repairing the barn was less than Neighbor was paid or that Neighbor negligently got in the way of firefighters trying to put out the grass fire.
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