A contractual subrogee is a stranger to a wrong who pays the victim for the victim's injury and then gains the right to receive repayment from the defendant based on the victim's rights, often by enforcing those rights.
164) In order to enforce a right in equitable subrogation the subrogee does not necessarily have to communicate with the subrogor or have the opportunity to control any claim the subrogor is pursuing or could pursue.
There is, however, a subset of subrogation rights that involve either the actual control or potential control of the subrogor's tort claims by the subrogee.
Chubb Custom Insurance Company (Chubb), as subrogee
of TaubeKoret Campus for Jewish Life (Taube-Koret), brought a claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (46) to recover insurance payments it made to Taube-Koret for environmental response costs.
I, therefore, feel that once a vessel reaches the port with the cargo and delivery order is issued by the ship agent the actual identity of the carrier becomes irrelevant in so far as the Consignee/ Subrogee
The court reasoned that the principle of subrogation is limited where the insurer seeks a claim in subrogation against its own insured; the anti-subrogation rule -- that an insurer cannot be a subrogee
against its insured on the very claim for which the insured was covered -- seeks to avoid conflicts of interest that would undercut the insurer's incentive to vigorously defend its insured's claims.
If the responsible parties can be put on notice before the destruction of the fire scene, the subrogee will not be put in the position of defending whether destruction of the fire scene was within its control or contained relevant evidence.
The subrogee should entrust the evidence only to those who appreciate the significance of the materials.
No matter whether a jurisdiction recognizes the distinction between design and manufacturing defects, the subrogee is always well advised in preserving as much as reasonably possible.