Subrogation entitles insurers to step into insureds' rights after payment to recover from responsible third parties. Subrogation permits an insurer who has paid a covered loss to assume the insured's rights and remedies against third parties; the right arises upon payment and allows the insurer to 'stand in the shoes' of the insured to pursue recovery. In suretyship, subrogation functions as an equitable assignment: once the surety pays the creditor, the surety obtains the creditor's remedies and priority rights, including enforcement of liens, following trust funds, and claims against third parties.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Subrogation entitles insurers to step into insureds' rights after payment to recover from responsible third parties.
Subrogation permits an insurer who has paid a covered loss to assume the insured's rights and remedies against third parties; the right arises upon payment and allows the insurer to "stand in the shoes" of the insured to pursue recovery. In suretyship, subrogation functions as an equitable assignment: once the surety pays the creditor, the surety obtains the creditor's remedies and priority rights, including enforcement of liens, following trust funds, and claims against third parties.
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