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20-9-1. Responsibility for injury by willful act or negligence--Contributory negligence. Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence.
Subrogation refers to the right of an insurance company to recover money it paid to or on behalf of its insureds due to the actions of at-fault third parties.
In the context of real estate, subrogation is when one party takes over the contractual rights and responsibilities of another party. The legal principle can be used to recover damages incurred by the original party or to transfer responsibility for the payment of a debt to the new party.
Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect debts or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit.
Principle of subrogation refers to the practice of substitution of a person or group by another in cases of debt claims in insurance. Subrogation is an important component of indemnity principle, which is a differentiating factor between a commercial contract and an insurance contract.
Subrogation and contribution are both principles that apply when there is more than one insurance policy covering the same risk. However, while contribution requires each insurer to pay a proportionate amount of the claim, subrogation allows the insurer to recover the full amount paid out from a third party.
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 most common type that can be subrogated is property damage claims. For example, if you are involved in an auto accident where no one is injured, but the vehicles are damaged, and you are free of fault, your insurer will pay to have your vehicle damage repaired.