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- Q322768 subject Q6372262.
- Q322768 subject Q7320183.
- Q322768 subject Q7502647.
- Q322768 subject Q8658587.
- Q322768 abstract "Subrogation is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights, claims or securities of another for his or her own benefit. Subrogation allows one person to 'stand in the shoes' of another. A common example arises in the context of indemnity insurance: having paid out a claim to the insured, the insurer may be entitled to take over the rights of the insured against a third party who is responsible for the loss (for example, a tortfeasor).Rights of subrogation can arise in several ways: (1) By agreement, known as contractual subrogation; (2) By law, being an equitable remedy; (2) By statute.Subrogation by contract commonly arises in contracts of insurance. Subrogation as a matter of law is an equitable doctrine, and forms part of a wider body of law known as unjust enrichment. Two areas where subrogation is relevant are insurance and sureties. In each case, the basic premise is that where one person (i.e. typically an insurer or a guarantor) makes a payment on an obligation which is the primary responsibility of another party, the person making the payment is subrogated to the claims of the person to whom they made the payment with respect to any claims or remedies which are exercisable against the primarily responsible party. For example, if a car owner has collision insurance coverage on his car and the car is damaged by a negligent third party, and if the car owner elects to claim under his or her insurance policy, then any claims which the car owner had against the negligent party will pass to the insurance company in jurisdictions which recognise the doctrine. Similarly, if a father guarantees the debts of his son to the bank (i.e. a contract of suretyship), and the bank elects to call upon the guarantee rather than claiming against the son directly, and the father pays out on the guarantee, the father will become subrogated to the bank's claims against the son.Typically, an insurance policy will transfer the risk only and not the ownership of goods. However, the doctrine of subrogation will also pass proprietary rights such as a security interest or claim to ownership of goods. If a work of art is stolen, and the insurance company pays out under a policy of insurance to the owner and the art is later recovered, the art will belong to the insurance company under rights of subrogation. Similarly, if an insured ship sinks, the rights of salvage will pass to the insurer if the claim is paid out as a total loss. If a guarantee is paid out by a guarantor and the bank also held a mortgage over the debtor's home, the guarantor will be subrogated to the bank's rights as a mortgagee with respect to the debtor's home.In many areas where subrogation arises as a matter of law, subrogation may be limited under the terms of the relevant contract. For example, in a contract of guarantee, the guarantee will often provide that the guarantor waives the right of subrogation or agrees not to exercise it unless the bank has been paid in full. In an insurance contract, in addition to right of subrogation at law, there will often be a right of subrogation bolstered by the insured party's agreement that the party will provide all necessary assistance to the insurance company in pursuing any subrogated claims.Subrogation is sometimes misunderstood by lay people and criticized on the basis that payment under an insurance claim is simply a right based upon the payment of insurance premiums, and a belief that they should also retain a right to exercise any claims arising from the insured event. An insurance contract is a contract of indemnity, however, and to allow a party to receive insurance proceeds and claim against third parties would mean that the recipient might recover more than the total loss. Because subrogation operates to prevent such over-recovery, it is considered to form part of the general law of unjust enrichment (i.e. preventing a party by being unjustly enriched by pursuing a claim for a loss in respect of which they have already been indemnified).Subrogation is an equitable remedy and is subject to all the usual limitations that apply to equitable remedies.".
- Q322768 wikiPageExternalLink subrogation_ebook-next_generation_best_practices_2014.pdf.
- Q322768 wikiPageExternalLink www.subrogation.org.
- Q322768 wikiPageExternalLink www.subrogationwaiver.net.
- Q322768 wikiPageExternalLink 2004-Ohio-4886.pdf.
- Q322768 wikiPageWikiLink Q1058404.
- Q322768 wikiPageWikiLink Q13405038.
- Q322768 wikiPageWikiLink Q13579421.
- Q322768 wikiPageWikiLink Q138203.
- Q322768 wikiPageWikiLink Q158970.
- Q322768 wikiPageWikiLink Q17017187.
- Q322768 wikiPageWikiLink Q1759284.
- Q322768 wikiPageWikiLink Q2047357.
- Q322768 wikiPageWikiLink Q22687.
- Q322768 wikiPageWikiLink Q2578557.
- Q322768 wikiPageWikiLink Q3006076.
- Q322768 wikiPageWikiLink Q308922.
- Q322768 wikiPageWikiLink Q3095288.
- Q322768 wikiPageWikiLink Q3359388.
- Q322768 wikiPageWikiLink Q43183.
- Q322768 wikiPageWikiLink Q6372262.
- Q322768 wikiPageWikiLink Q66295.
- Q322768 wikiPageWikiLink Q7320183.
- Q322768 wikiPageWikiLink Q7357839.
- Q322768 wikiPageWikiLink Q748845.
- Q322768 wikiPageWikiLink Q7502647.
- Q322768 wikiPageWikiLink Q7848169.
- Q322768 wikiPageWikiLink Q818977.
- Q322768 wikiPageWikiLink Q854022.
- Q322768 wikiPageWikiLink Q8658587.
- Q322768 type Thing.
- Q322768 comment "Subrogation is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights, claims or securities of another for his or her own benefit. Subrogation allows one person to 'stand in the shoes' of another.".
- Q322768 label "Subrogation".