Assignability And Equitable Subrogation In Insurance

Law360, New York (February 26, 2016, 11:23 AM EST) -- To the extent that lawyers are likely to think about subrogation at all, they generally understand that it is a means for an insurer that has paid a claim to seek recovery of its loss from a third party tortfeasor who caused the insured's loss. They are not likely to appreciate that subrogation is generally a broad right whereby a party assigns a claim against a second party to another, third party, whereupon the third party can sue the primarily liable second party for the first party's loss, even in the first party's name. In years past insurance companies nearly always filed subrogation claims in the name of the assigning insureds to avoid the stigma of being an insurance company plaintiff....

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