subrogation

(redirected from subrogate)
Also found in: Dictionary, Thesaurus, Legal, Financial, Wikipedia.

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.
McGraw-Hill Dictionary of Architecture and Construction. Copyright © 2003 by McGraw-Hill Companies, Inc.
Mentioned in ?
References in periodicals archive ?
contracts, thus creating a contractual right of the insurer to subrogate
The case law suggests that, at least for these scenarios, the insurer would be able to subrogate. The definition of term "insured" has been restricted to the named insured for Section C.
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.
In essence, by using an ASP subrogation outsourcing solution from Trumbull Services, Canal, in Greenville, S.C., could hit the ground running in its efforts to subrogate claims, because the carrier didn't have to invest in any technology due to the nature of ASP.
The trustee correctly claimed that X's property was property of the bankruptcy estate, because the trustee could subrogate to the rights of [C.sub.2] and avoid the fraudulent conveyance to X.
Specifically, at the time of the default, the Coast Guard had already paid the money and thus did not owe it; the surety therefore could not successfully subrogate to the contractor's non-existent claim.
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.
And while permissive users of privately owned airplanes are usually automatically included under the aircraft liability coverage, insurers will frequently subrogate to recover the cost of physical damage.
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.