The substitution of one person in the place of another as a creditor, the new creditor succeeding to the rights of the former; the mode by which a third person who pays a creditor succeeds to his rights against the debtor.
Recovery of an indemnity granted to an insured from the third party liable for the loss incurred.
Subrogation is the substitution of one lender for another. The current lender assumes the terms and conditions of the previous lender. See also assignment.
This term refers to the right which a person or company has to stand in the place of another and benefit from his or her rights and remedies. If an insurer pays a claim caused by the fault of someone else then the insurer will seek to recover the amount in the name of the insured.
a right of repayment to a payor in the event that another is found to be responsible for the payee's loss
An agreement in which a mortgage company or similar institution agrees to make their lien subject to the lease. If the property is mortgaged prior to the lease and the mortgage company does not subrogate to the lease, the mortgage company can take the property if it is foreclosed and lessee's rights willend. Also sometimes called a "waiver of priority."
When the insurer pays the insured for a loss, the insurer takes over the insured's right to collect damages from the other party responsible for the loss. Subrogation upholds the principle of indemnity by preventing the insured from collecting twice for a given accident.
The substitution of another person in place of the creditor with regard to an obligation. Back to the Top
policy provision that allows an insurance company to recover payment for the actual cash value of the property damaged from an insured peril sustained by an Insured from the person, company or organization who is legally liable for damages.
a process by which the insurance company, after paying its insured for a loss, assumes the insured’s rights of recovery against a responsible third party and proceeds accordingly.
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.
Since insurance is a method of transferring risk from the insured to the insurer, the insurer is said to step into the shoes of the insured to take care of the monetary obligations arising out of the loss. In the same way the rights of the insured under the circumstances, say to receive compensation for the loss from some other authority, or to proceed legally against a third party that has caused the loss will be subrogated to the insurance company so that it can pursue all methods of getting back some of the money it pays as claims.
One's insurance company will pay a claim, then the legal staff for that particular insurance carrier will go after whoever they feel is responsible for paying the claim. Subrogation is more common with automobile policies where if an individual suffers losses (either material or personal), his or her insurance carrier might go ahead and pay the claim, and then turn around and take the other person's insurance company to court, if they feel the other person was at fault.
Substitution of one person for another, giving the substitute the same legal rights as the original party. For example, an insurance company may have a right of subrogation to sue anyone whom the person it compensated had a right to sue.
A third party's assumption of the legal right to collect a debt or damages.
Right of the health plan to recover settlement when a member receives benefits as the result of illness or injury and the member also has a lawful claim against another party or parties for compensation, damages, or other payment.
The substitution of one person in place of a creditor whose rights he acquires.
The substitution of one person for another, so that the former may exercise certain rights or claims of the latter.
the right of an employer or insurance company to recover benefits paid to a plan participant through legal suit, if the action causing the medical expense was the fault of another individual.
The assignment of the right of recovery from one party to another. For example, if an individual receives treatment for injuries related to and automobile accident, the individual's insurer may file a claim with the responsible party's automobile insurance company. Subrogation differs from coordination of benefits (COB) in that under COB the liability is shared between the parties on a contractual or legal basis, as opposed to subrogation which assigns the responsibility to one party.
The substitution of one creditor for another, coupled with a transference of the claims and rights of the old creditor. Thus, without a "waiver of subrogation", if a Tenant negligently causes the destruction of or damage to the leasehold premises, the Landlord's insurance company, after paying for the damage, will have the rights of the Landlord to sue the Tenant for its negligence.
To take on the legal rights of someone for whom expenses or a debt has been paid, as when an insurance company pays a client injured by someone else's negligence and then sues that negligent individual for damages.
The substitution of one person in the place of another with reference to a lawful claim, demand, or right, so that he or she who is substituted succeeds to the rights of the other in relation to a debt or claim and its rights as a remedy.
the process by which one person's legal rights, responsability, interest, or title in the property is replaced with another person's right, interest, and so forth.For example, a debtor with a home loan may sell his interest in property right to an investor.Subrogation is sometimes called substitution.
The substitution of one person in the place of another with reference to a claim, demand, or right, so that the individual who is substituted succeeds to the rights of the other in relation to the debt or claim and its rights, remedies, or securities.
Northrop Grummanâ€(tm)s or the insurance companyâ€(tm)s right to recoup benefits paid to you when another person or insurance company is legally responsible for your medical or dental expenses. For example, in the case of an automobile accident, a no-fault automobile insurance policy may pay your medical expenses.
An equitable doctrine entitling a party to be substituted for one of the original parties to a transaction; for example, an insurance company may be given the right to recover from a third party the amount it paid to its policyholder for a loss caused by that third party. See waiver of subrogation.
The right of the plan to recover benefits paid to a covered person through legal suit, if the expenses incurred by the covered person and paid by the employer's plan are the fault of another party or individual. Also the right of the plan to be substituted in legal action against any party the covered person may recover from.
Subrogation allows an insurance company to pursue a third party for claims paid that are the responsibility of that third party.
Section of PROPERTY INSURANCE and LIABILITY INSURANCE policies giving an insurer the right to take legal action against a third party responsible for a loss to an insured for which a claim has been paid.
The insurer's right to recover payment for a loss it has paid to an insured from a negligent third party who caused the loss.
(law) the act of substituting of one creditor for another
A plan's right to protect itself against paying when another party is responsible for a claim. The plan may pay benefits, but has the right to demand restitution or recovery of payments if the subscriber receives payment or is eligible for payment from a third party. This concept is similar to no-fault auto insurance restriction clauses or Worker's Compensation. The theory is that the plan should not pay if another party is responsible, but the subscriber should receive benefits until such time as the third party pays.
The right of the insurance company to recover from a third party the amount paid under the policy. For example, if damage is done to your automobile, protected by a collision insurance policy, the insurance company may collect from the party whose automobile ran into your car, the amount of damages which was paid to you by the process of subrogation.
The assignment to an insurer, after payment of a loss, of an insured's right to recover the amount of the loss from someone who is legally liable for the damages.
Subrogation is the right of recovery of one party against another party. This refers to the rights of the HMO or provider group to recover additional monies from a second insurance policy. In managed care, it refers mostly to an obligation of the provider group to use all legal remedies to repay the reinsurer for any claims paid, and whatever else they can collect.
The acquiring by the insurer of the insured's rights against third parties for the indemnification of a loss to the extent that the insurer pays the loss.
After an insurance company pays a loss, it may try to recover its payout from another company or person it believes is legally responsible.
In an employee benefit plan, the right of the plan to recoup benefits paid to participants through legal suit, if the action causing the disability and subsequent medical expenses was the fault of another individual.
The substitution of one person in the place of another person with reference to a lawful claim, demand or right. In case of insurance, this principal of law has been incorporated in all policies. The insurance company, upon payment of loss to the insured, is entitled to the insured_s legal and equitable rights against the negligent third parties. These rights are only those related to the loss and the company is only entitled to the extent of the loss payment to the insured.
The principle under which one who has indemnified another's loss is entitled to recovery from any liable third parties who are responsible.
The practice of a secondary insurer collecting from a primary insurer for claims paid. A health insurer may pay the claims of an insured who is hurt in an auto accident and then "subrogate" against the auto insurance carrier to recover the cost of those paid claims.
In insurance, the substitution of one party (insurer) for another party (insured) to pursue any rights the insured may have against a third party liable for a loss paid by the insurer.
The transfer of the insured's legal right against an injuring Third Party to the insurance carrier. (See Third Party)
The process by which an insurance company, after paying a loss to its insured, recovers the amount paid for damages (which can include the insuredâ€™s deductible) from the legally liable party.
If your car is damaged because of another driver's negligence and you ask GEICO to settle the claim for damage to your car, we will seek payment recovery (including your deductible) from the other party. This process of payment recovery is called subrogation.
The insurer's right to proceed against a third person if that third person was responsible for a claim paid by the insurer.
Provision that gives an employer or plan the right to recover benefits paid to a participant who later recovers the same expense for a third party.
Doctrine in insurance law by which the insurer holds the insured for enforcement of all rights against strangers or third persons who may primarily be liable for the loss incurred when the former indemnifies the latter in respect of the latter's loss.
The insurance company's right to recover payment from a negligent party.
This condition allows the insured to transfer the rights of recovery to the company when the company pays a claim brought against the insured.
The HLC (detailed above) insures against the possibility of loss, but it does not cover the obligation of the borrower to repay the loan. If the lender clains on a HLC policy, the insurance company has the right to sue the borrower for the amount it has paid - this is called the right of subrogation.
When an insurance company seeks to recover cost from an at fault party in a claim.
insurance) The right of the insurer, upon payment of a loss, to the benefit of any rights against third parties that may be held by the assured himself.
The legal process by which an insurance company seeks from a third party who may have caused the loss, recovery of the amount paid to the policyholder or, in suretyship, to the obligee
The transfer to the insurance company of the insured’s right to collect for damages from another party.
The substitution of one person in place of another with reference to a lawful claim so that the person who is substituted succeeds to the rights of the other party. The most common form of subrogation is an insurance company who pays a loss to its insured. The insurance company is subrogated to the rights of its insured and may sue the party who caused the loss.
it is sometimes most expedient to have your insurance company initially pay to repair your vehicle and let them fight with the offending party's insurance over issues of fault. When one insurance company pursues another for payment, it is termed subrogation.
Assignment of rights of recovery from insured.
A principle of law incorporated in insurance policies that enables an insurance company, after paying a loss to its insured, to recover the amount of the loss from another who is legally liable for it.
Requires an insured person to assign any rights to recover damages to his insurer.
The substitution of one person or company, for another so that the rights and duties of the original person or company becomes operable by the other.
Your insurer may try to recover some or all of its costs in settling your claim by suing others responsible for the loss. The effect is roughly the same as if you yourself were to sue the responsible party, except that you are compensated more quickly by your own insurer, often on a replacement-cost basis.
The right under the workers' compensation law of the employer (the state) to recover payments made (including medical) if the injured employee receives monies for the injury from a responsible third party.
The process by which one insurer, having paid its policyholder for a loss, attempts to get reimbursed by another insurer or person who is legally liable for the loss. An insurer's right of subrogation arises as a matter of law, although many policies include subrogation clauses.
When an insurance company, after paying a loss, seeks to recover the money from the other party who is legally liable.
Process by which one insurance company seeks reimbursement from another company or person for a claim it has already paid.
The legal process by which the insurance company seeks to recover an amount paid to its policyholder from the third party who caused the loss.
Subrogation may be involved in the case of an injury for which compensation is paid under the Workers' Compensation Act and the circumstances caused a legal liability in some person other than the employer. If the injured employee settles his case, any recovery against the third party for damages resulting in personal injury, after deducting expenses of recovery, may be used to reimburse the carrier, with the balance forwarded to said injured party.
Where a Board is able to stand in the place of an injured or ill worker, a dependent or employer and jointly benefit from any rights or settlement obtained.
Simply put, it means that the fire insurance company pays for the fire loss damage to its insured under the terms of the fire insurance policy and then assumes his right to sue the negligent person who caused the fire or explosion and the resultant damage and loss for which they paid the insured.
The right to recover payment when another person, insurance company or organization may be legally obligated to pay for health care services that the Blues have already paid; for example, in the case of a court judgment.
a company's right to recover benefits paid in a lawsuit if the injury was the fault of another. For example, suppose a medical plan pays a participant's expenses due to injury in a car accident, and later the participant receives a settlement from the driver at fault. The medical plan can recover certain benefits from the participant.
The right of a secondary party (e.g., insurance company) to stand in the place of another (e.g., a policyholder or claimant) after making payment to a creditor (e.g., claimant) to enforce the creditor's right against the party primarily liable for such payment in order to obtain indemnity from such primary party.
The legal or equitable process by which a surety company obtains from a third party recovery of an amount paid out by the surety to the obligee or a claimant under the bond.
Gives the insurer whatever right against third parties you may have as a result of the loss for which the insurer paid you.
The right of an insurance company to step into the shoes of the party whom they compensate and sue any party whom the compensated party could have sued.
The process whereby an insured after having paid for a loss or claim, retains the legal right to seek a financial recovery from those it determines to have been responsible for causing the claim to occur.
To put in place of another, as an insurance companies right to recover loss value in the policyholder(s) name.
Substituting one person in place of another in asserting a lawful claim, demand or right.
The process in which an insurance company, after paying a loss to its insured, recovers the amount of the loss for damages (plus the insured's deductible) from the legally liable party.
The right of the Underwriter to step into the shoes of the Assured following payment of a claim to recover the payment from another party who was responsible for the loss. Limited to the amount paid on the policy.
The legal doctrine under which the law substitutes one creditor or claimant for another. When a title insurance company pays a claim under a title insurance policy, it is entitled to step into the shoes of the insured with respect to any rights the insured may have against parties who warranted the title to him.
The legal right of an insurance company to pursue the responsible party or their insurance company for the amount the insurance company has paid. The insurance company may only pursue the legal party once it has paid its insured for their damages.
Substituting the legal rights and claims from one creditor to another.
Taking over the policyholder's right to seek recovery. The recovery is pursued in the name of the policyholder, but the insurer is responsible for any costs incurred in pursuing the recovery e.g. if a negligent motorist damages a garden wall and the household insurer meets the claim for the wall, the household insurer then has subrogated rights of recovery against the motorist.
The doctrine of subrogation gives the insurer whatever rights the insured possessed against third parties who are responsible for a loss. The right of subrogation by the insurer is limited in amount to the loss payment which has been made to the named insured. In order to actually recoup its loss payment, the insurer must prove the liability of the wrondoer, and that the negligent party has the financial ability to pay for the loss he caused.
The substitution of the insurer for the insured to pursue any rights the insured has against a third party liable for a loss paid by the insurer. In effect this allows the insurer to pursue a liable party for damages and costs it has paid to its insured client as a result of a claim.
When your insurance company pays for a loss caused by another driver, your company may have the right by law or policy provision to recover an amount of the loss from the other person or their insurer.
A process by which an insurer takes over the legal rights its insured has against a responsible third party.
The process of payment recovery whereby your insurance company settles the claim for damage to your car and seeks payment recovery (including your deductible) from the other party if your car is damaged because of that party's negligence.
A process by which a third party is put in the place of a creditor so that the rights and securities of the creditor pass to that third person. For example, in a personal injury matter, an insurance company may exercise its right of subrogation to place a lien on a plaintiff's award or settlement in order to achieve full or partial reimbursement for insurance benefits advanced to the plaintiff.
Action by which the buyer of a property assumes the duties and responsibilities of another person due to a previously issued mortgage on a property. It is a very common practice when buying a new house directly from a promoter who has obtained a mortgage to finance its construction. When buying the property, the buyer has the option of taking over the mortgage responsibilities, after deducting the value of the loan from the sale price. This is shown in the deed of sale. The legal fact of substitution of the mortgage creditor is also known as subrogation.
A doctrine adopted in favour of the insurer in order to prevent the insured from recovering more than a full indemnity. The substitution of one person for another in reference to a debt, claim or right.
a contractual right that permits an insurer to recover payments made to an insured for medical care if that insured receives payment for damages through a legal action.
the insurer's right to enforce a remedy which the insured has against a third party and the insurer's right to require the insured to repay the insurer if the insurer has paid expenses recouped by the insured from a third party.
After an insurer settles with you for damage to your car, it may seek to recover the cost of repairs or the replacement amount, as well as your deductible cost, from the third party responsible for the accident.
The operation by which the insurance company (on payment of a claim) assumes all of the assured' s rights to recovery from any third parties; substitution of one creditor for another.
The right of the underwriter to step into the shoes of the insured, following payment of a claim, to recover the payment from a third party responsible for the loss. Subrogation is limited to the amount paid on the policy.
The right of one such as an insurer, who has indemnified another in respect of a loss, to be put in the place of that other person with regard to all his other means of recouping the loss.
The right of an insurer who has indemnified a policyholder to take over any legal rights the policyholder may have had in respect of that particular claim.
insurer's right to pursue action in the insured's name against the party considered legally liable for the loss or damage.
After paying its insured client for losses, an insurance company may take action to recover damages from an at-fault party.
The right of HARRP to be reimbursed for payments when a loss is caused by a third party and that party has assets to pay for the loss. HARRP's members are benefited by having their loss ratios reduced when HARRP obtains subrogation from responsible parties.
Procedure where insurance company recovers from a third party when the action resulting in medical expense (e.g. auto accident) was the fault of another person. The recovery of the cost of services and benefits provided to the insured of one health plan when other parties are liable.
Legal process by which an insurer who has paid a loss pursues any rights of recovery against a responsible third party in the name of the insured.
The substitution of one person or thing for another. E.g .in insurance the insurer who has to pay out can subrogate the lender and sue the borrower for the amount paid out.
The substitution of another person in place of the creditor to whose rights he succeeds in relation to the debt. The doctrine is often used when one person agrees to stand surety for the performance of a contract by another person.
the right of one party to stand in a place of another and take up the latter's legal rights against a third party.
The right of one party who has paid for the loss of a second party to obtain recompense from the third party who is responsible for the loss. For example, an insurance company becomes "subrogated" to the rights of its insured to the extent of the insurer's payment for collision damage caused by the negligence of the other driver.
A taking on of the legal rights of someone whose debts or expenses have been paid. For example, subrogation occurs when an insurance company that has paid off its injured claimant takes the legal rights the claimant has against a third party that caused the injury, and sues that third party.
Subrogation means the substitution of one person (or thing) for another person (or thing). So, the person subrogated is said to stand in the shoes of the other. Consequently the one subrogated has the rights of the person in whose shoes he is standing. An example of this is where an insurer pays out under a policy and in doing so, has the right of subrogation against the insured. So the insurer takes the rights of the insured (perhaps a Lender and can sue the borrower, if that is whom the insurer paid out in respect of).
(1) The legal right given to a creditor to be substituted for another and to succeed to the other's rights. (2) A legal right that permits an insurer to recover payments made to an insured when the insured received payment for the claim through a separate legal action.
The substitution of one creditor for another, with the substituted person succeeding to the legal rights and claims of the original claimant. Subrogation is used by title insurers to acquire from the injured party rights to sue in order to re- cover any claims they have paid.
Replacing one person with another in regard to a legal right, interest, or obligation. Substitution, such as a mortgage holder's selling his rights and interest to another.
The legal process by which an insurance company, after paying a loss, seeks to recover the amount of the loss from another party who is legally liable for it.
Once a company has paid a loss for which someone other than the policyholder is responsible, it may have the right to recover this loss from the guilty party. This right is called subrogation.
This is the insurers right, after you have been fully indemnified in respect of an insured loss, to take whatever steps it deems necessary to recover the amount of the loss from the third party responsible therefore. This includes instituting legal action in your name. In terms of the policy condition you are required to render the necessary assistance to the insurer in exercising these rights.
the right of one who has taken over another's loss to also take over his or her right to pursue remedies against third parties. In insurance it's the transference of the insured's right to recover DAMAGES from a third party to the insurer, when the insurer has paid the insured's loss. Subrogation is consistent with the principle of INDEMNITY in that it prevents the insured from profiting from his or her loss, and it helps the insurer to recoup its pay-outs.
The right of an insurer who has taken over another's loss also to take over the other person's right to pursue remedies against a third party.
Subrogation is the name given to the legal technique under the common law by which one party (P) steps into the shoes of another party (X), so as to have the benefit of X's rights and remedies against a third party (D). Subrogation is similar in effect to assignment, but unlike assignment subrogation can occur with any agreement between P and X to transfer X's rights. Subrogation most commonly arises in relation to policies of insurance, but the legal technique is of more general application.