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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References in periodicals archive ?

contracts, thus creating a contractual right of the insurer to subrogate

A re-examination of the collateral source rule in maritime law

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.

Vehicle insurance issues and impaired driving

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.

Exercising subrogation rights against subcontractors isn't easy, but it's not impossible: careful attention to the issues presented by policy language, additional insured language and subrogation clauses is important

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 buzz around the periphery: the application service provider, or ASP, model has been renamed as software-as-a-service, or SaaS. The model, however, is still preferred as a way to provide ancillary services

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.

The logical structure of fraudulent transfers and equitable subordination

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.

Annual survey of fidelity and surety law, 1998 -- part II

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.

Can an insurer recover before the policyholder is paid?

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.

Renter's insurance: Know the exclusions: there's affordable coverage for the majority of aircraft you are likely to rent or borrow. Look for a policy with a no-fault deductible provision

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.

Liability: design changes afoot

The Right to Subrogate Upon Payment of Any Portion of the Loss

After the cheque: helping your insurance company

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.