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An insurer may attempt to subrogate against an additional insured for completed operations injuries caused by the insured if the additional insured endorsement provides coverage only for ongoing operations injuries.
At Hiscox, the additional named insured and the named insured both have full rights under the policy. The named insured is the one who is responsible for paying the premiums, and who can cancel the policy. The additional named insured doesn't have those obligations to the insurer.
If an injured worker prevails in their third-party case, the employer's workers' compensation carrier may collect repayment for the benefits it paid out in a process called subrogation. Damages awarded to the injured employee by the workers' compensation insurer can be partly recuperated.
Insurance companies argue that the additional insured endorsement is designed to cover only that vicarious liability. If the general contractor was independently negligent, insurance companies argue that the liability for that independent negligence should not be covered by the additional insured endorsement.
"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.
An additional insured extends liability insurance coverage beyond the named insured to include other individuals or groups. An additional insured endorsement protects the additional insured under the named insurer's policy allowing them to file a claim if sued.
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.