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ARTICLE · 28 APRIL 2015

Doctrine Of Equitable Subrogation In Indian Law

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The The term ‘subrogation’ in the context of insurance, has been defined in Black's Law Dictionary thus.

IndiaInsurance

The The term 'subrogation' in the context of insurance, has been defined in Black's Law Dictionary thus:

The principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy.

'Right of Subrogation is statutorily recognized and described in Section 79 of the Marine Insurance Act, 19631.

Subrogation is the right or rights of the insurer to assume the rights of the insured. Legal rights or to step into the shoes of. Rights of subrogation can arise three different ways:

(i). Subrogation by equitable assignment,

(ii). Subrogation by contract, and

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