The Application and Exception of the Follow-the-Fortunes Doctrine in Reinsurance Disputes

In the trial of whether the reinsurer bears the liability for apportioning compensation, the court should conduct a substantive review of the original insurance contract based on the subordination and independence of the reinsurance contract. If the insured does not have insurable interests, and the accident involved is not within the scope of liability stipulated in the insurance clauses, the reinsurer does not need to bear the liability for apportioning compensation for the original insurer’s compensation behavior..(Translated by Li Hui)