subrogation
/ˌsʌbrəˈɡeɪʃ(ə)n
/noun [mass noun] Law
The substitution of one person or group by another in respect of a debt or insurance claim, accompanied by the transfer of any associated rights and duties.The insurer could not sue them in the owner's name (exercising rights of subrogation under the insurance policy) because they were all entitled to indemnity under the same policy....
- The point is now practically unimportant since the fears raised were soon obviated by an informal agreement among insurance companies not to enforce their rights of subrogation in this respect in the absence of fraud.
- Nothing can affect his rights and there is no question of competition between him and the party claiming subrogation.
Derivatives
subrogate
- The Law Society are subrogated to £140,000 of their claim, but they still have an unsatisfied claim of £85,000.
- The sharing clause may subrogate the recovering bank to the portion of the claims it shares with the other banks, which in the case of set-off can allow it to double dip.
- This is to the advantage of the guarantor because the guarantor is entitled to be subrogated to its additional security on satisfying the obligation under the guarantee.
Origin
Late Middle English (in the general sense 'substitution'): from late Latin subrogatio(n-), from subrogare 'choose as substitute', from sub- 'in place of another' + rogare 'ask'.