Subrogation | Practical Law

Subrogation | Practical Law

Subrogation

Subrogation

Practical Law UK Glossary 6-107-7335 (Approx. 4 pages)

Glossary

Subrogation

A doctrine embracing more than a single concept with perhaps the most common type being an equitable remedy used to prevent unjust enrichment.
For example, where an insurer has paid out money to an insured, subrogation enables the insurer to recoup all or some of that money from a third party who caused or contributed to the loss. This means that once an insurer has paid out under an insurance contract, the insurer can "step into the shoes" of the insured. The insurer acquires the rights to:
  • Use the insured's name to proceed against any third party who was responsible for causing the loss.
  • Claim from the insured any sums received by way of compensation from that third party.
The insurer has no greater rights than the insured and can only pursue actions against a person who could have been pursued by the insured.
Subrogation also allows a person who discharges the debt of another person to be subrogated to any security for that debt. That is, the person who discharges the debt may step into the shoes of the person originally entitled to security for that debt and have the benefit of any such security.
Another classic case of subrogation involves a lender which expected to receive security claiming subrogation to another secured lender's security (and so getting the benefit of that security) if it does not get the security it expected.