Equitable subrogation — this once underused form of recompense — has experienced increased activity over the past several years as casualty insurance companies work to recover money paid out for accidents that were not predominantly the fault of their clients.
File it under the "everything old is new again" category, as the first reported subrogated case involving insurance dates back to Randall v. Cockran in 1748, when an English insurer subrogated against a prize fund accumulated from the sale of captured Spanish ships.
Today, the practice of subrogation law is also seeing considerable growth, owing to insurance companies' desires and need to recover as much financial restitution as possible in the aftermath of paying out a claim — only to discover that a third party was more than 50 percent at fault.
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