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Subrogation in insurance is a legal right of the insurance company to legally pursue a third-party responsible for the damages/insurance loss caused to the insured. Subrogation is done to recover the claim amount insurance company pays to the insured for the damages.
Subrogation allows an insurer to step into the shoes of the policyholder and file a claim against a third party who caused the damage. The theory behind a subrogation clause is that the insurance company should not have to bear the loss when someone else was to blame for the damages.
Subrogation claims rely on fault, and insurance companies can only file claims against those they can prove are liable for property damage. If you can demonstrate that you are not liable for the property damage, the insurance company will have no grounds for their claim, and you will not have to pay it.
One example of subrogation is when an insured driver's car is totaled through the fault of another driver. The insurance carrier reimburses the covered driver under the terms of the policy and then pursues legal action against the driver at fault.
What is Subrogation? Subrogation in insurance is a legal right of the insurance company to legally pursue a third-party responsible for the damages/insurance loss caused to the insured. Subrogation is done to recover the claim amount insurance company pays to the insured for the damages.
3 Benefits of Subrogation in Car Insurance Speeds up the claims process for policyholders. Refunds insurers for claims if their customer wasn't at-fault. Keeps premiums low for policyholders who aren't responsible for damage.
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.
Examples of subrogation clauses include: Example 1. Filing an auto insurance claim against a third party driver. Example 2. Trustee lenders subrogating trustee's indemnity rights. Example 3. Health insurance companies pursuing claims for third-party services.