Indiana Subrogation Agreement between Insurer and Insured

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Multi-State
Control #:
US-0553BG
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Word; 
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Description

Subrogation is commonly used in insurance matters. For example, on payment of a loss under an insurance policy, an insurer is entitled to be subrogated to the extent of any right of action the insured may have against a third party whose negligence or wro

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FAQ

Sutton Approach: Tenant is considered an implied co-insured under the landlord's policy unless the lease has express language stating otherwise. Anti-Sutton Approach: Tenant is not considered an implied co-insured under the landlord's policy unless the lease has express language stating otherwise.

"Subrogation," or "subro" for short, refers to the right your insurance company holds under your policy ? after they've paid a covered claim ? to request reimbursement from the at-fault party. This reimbursement often comes from the at-fault party's insurance company.

If you or a loved one have been injured by another's negligence and have filed a claim or a lawsuit, you may know about subrogation. Under Indiana law, when you suffer a personal injury due to another's negligent behavior, you are entitled to compensation for lost wages, medical expenses, and related damages.

Subrogation, in the legal context, refers to when one party takes on the legal rights of another, especially substituting one creditor for another. Subrogation can also occur when one party takes over another's right to sue.

Simply put, subrogation protects you and your insurer from paying for losses that aren't your fault. It's common in auto, health insurance and homeowners policies. It lets your insurer pursue the person at fault to recover the money paid out for a claim that wasn't your fault.

This right is called subrogation and is an equitable doctrine. A person can satisfy his/her loss that is created by the wrongful act or omission of another person by stepping into the shoes of another and recovering on the claim from the wrongdoer.

The Indiana Medical Payment Subrogation Statute, Indiana Code 34-53-1-2, requires insurance carriers to use its insured's attorney as its own attorney for its medical payments lien when an insured files a personal injury lawsuit.

An insurance company may not subrogate against its own insured or a co-insured. However, when a party claiming to be a co-insured is merely a loss payee to which no liability coverage is afforded, subrogation is permissible.

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Indiana Subrogation Agreement between Insurer and Insured