This Practice Note provides a guide to subrogation in the context of insurance. It explains the legal basis and purpose of subrogation and its practical application. This Practice Note provides guidance on how to distinguish rights of subrogation from other rights, such as assignment or contribution claims. It covers common situations such as subrogation against co-insureds and the application of express subrogation clauses or waiver of subrogation. It also explains the allocation of recoveries and the duty of the insured to co-operate with insurers.
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