Subrogation

(redirected from subrogated)
Also found in: Dictionary, Thesaurus, Legal, Encyclopedia.

Subrogation

An insurance process whereby a company that has paid out to a policyholder for a loss incurred recovers the amount of the loss from the party that is legally liable.

Subrogation

The transfer of a claim or legal right from one party to another. Subrogation is often associated with the transfer of the right to a debt from one person to another. That is, a creditor can give or sell his/her right to a debt to some third party. See also: Forfaiting.

subrogation

The substitution of one party for another.Insurance companies typically have rights of subrogation, so if the insurer pays the property owner for a loss, such as a house fire, and then discovers that loss was the fault of a third party, the insurance company may sue and recover from the third party.

References in periodicals archive ?
i]f a subrogated insurer is in actual control of a lawsuit, but not named as a party .
Such a scheme would be funded by both insurance premiums placed on employers based on both risk assessments and the scheme's ability to be subrogated to the rights of the employees in the bankruptcy process.
Thus in insurance subrogation cases such as the ones presently before us, there is but one cause of action for the entire recovery, including the subrogated amount, and that cause of action lies in the name of the insured.
The Sherman opinion does not indicate what interest rate was used in the trial court, but Sherman seems to conflict with the Restatement (Third) of Property and with Riverside and Radison Properties, which indicate the subrogated equitable lien amount may include interest at the default rate in the initial loan.
Therefore, if the paying insurer were to be subrogated to the insured's right as against the other insurer, (were such a right not to be extinguished by the payment of indemnity to the insured by the first insurer), it would be in a position to recover the whole of the amount it had paid and the entire loss would fall on the second insurer.
An argument can be made that this Endorsement makes it even more clear that a drunken lessee is a named insured under his/her own policy, protected from a subrogated claim by the insurer to recover the payout to the lessor at common law.
Section 2002 further expressed the "sense of the Congress" that relations between the United States and Iran should not be normalized until these subrogated claims have been "dealt with to the satisfaction of the United States.
If collateral source benefits are introduced, then the source of such benefits may neither recover any amount against the plaintiff nor be subrogated the rights of the plaintiff against a defendant.
Tucker Act's waiver of sovereign immunity encompasses the claim of a surety that has satisfied all of its obligations under a payment bond and is therefore subrogated to the equitable rights of the contractor, to recover from the United States an amount equal to the damages it suffered with respect to the payment bond.
In addition, a second tier subcontractor, to the extent of his Lien upon funds, is also entitled to be subrogated to the Lien upon funds of the of the first tier subcontractor with whom the second tier subcontractor dealt.
Claims scoring and identifying technology can be used to help facilitate the interface process and identify claims, extract those that need to be subrogated and score the claims so they can be prioritized and worked in the proper manner," says Don Pierce, assistant vice president of new product development at Trumbull Services.