Definition: The right of one person having indemnified another under a legal obligation to do so,to stand in the place of that other and avail himself of all the rights and remedies of that other, whether already enforced or not.
Case Study - Burnand v Rodochanachi (1882)
For example - A motorist who is insured under his own comprehensive policy has two sources of compensation should his vehicle be damaged as a result of a negligent motorist. He can claim from his own insurers or he could claim from the negligent motorist. If he claims against his own policy - his Insurers are subrogated to his rights against the negligent motorist. In short YOUR insurers recoup the money from the Negligent Driver's Insurers.
|Date added: 2011-03-06 17:33:39|