The following Insurance & Reinsurance Q&A provides comprehensive and up to date legal information covering:
Subrogation is a remedy to prevent unjust enrichment by permitting a party, such as an insurer, that has indemnified another, to ‘step into the shoes’ of the other party and to bring an action in its name.
The subrogated action is brought in the name of the insured party because the relevant cause of action is the same cause of action as the insured would otherwise have had, had it not been indemnified by the insurer. This means that if the insured’s claim against a third party is time barred, so is its insurer’s subrogated claim.
Further information may be found in:
Practice Note: Claim for subrogat
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