April 2006 Dec Page

Question of the Month

The subrogation provision is common in insurance policies. Essentially, subrogation is a means by which the insurer steps into the shoes of the insured by collecting from an entity that is responsible for a loss, the money the insurer has paid to an insured. This process can be open to many questions and interpretations.

As an example, how does the subrogation clause comport with a hold harmless agreement? Also, is the subrogation carried on in the name of the insured or the insurer? Can the insurer subrogate against its own insured? And, who is entitled to any additional amount recovered through the subrogation process?

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