subrogation

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subrogation

The substitution of one person for another with respect to legal rights such as a right of recovery; occurs when a third person, such as an insurance company, has paid a debt of another or claim against another and succeeds to all legal rights which the debtor or person against whom the claim was asserted may have against other persons.
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The case law suggests that, at least for these scenarios, the insurer would be able to subrogate.
In the real world, then, construing builders' risk policies that insure subcontractors "as their interests may appear" to limit coverage for the subcontractor to the specific part of the job on which the subcontractor is working, and to allow the insurers to subrogate against the subcontractor for losses unrelated to the particular work the subcontractor is doing, is consistent with the insuring arrangements of the parties.
Additionally, it can subrogate in cases that are the result of a crime of personal violence that occurred in a state, or political subdivision of a state, in which the person injured as a result of such crime is entitled to receive health care services.
Rather, if the bankruptcy trustee has a direct [section] 548(a) theory against X, or if she can subrogate herself to [C.
Disputes often arise, such as the circumstances under which the insurer may subrogate and for how much, particularly where the policyholder has not been fully compensated for its losses.
The limits and exclusions in the shop's policy are not typically shared and the collector's insurance company can pay a claim and subrogate against the shop if there are issues that might otherwise delay payment.
There may soon be a time, however, when construction project professionals will feel differently about their professional liability exposures if insurers retain the right to subrogate against them.
The Right to Subrogate Upon Payment of Any Portion of the Loss
The courts are grappling with issues such as which entities qualify as insureds under the endorsements, whether and to what extent insurers may subrogate against such insureds, and to what degree the endorsements apply to inter-insurer disputes.
The state then has the right to subrogate its claim against the employer, causing the employer to pay for the individual claim that normally would have been covered under a workers' comp policy.
However, claims examiners working for different claims administrators sometimes establish informal agreements not to subrogate against one another.