ARTICLE · 14 JUNE 2023

Subrogation 101 (and Why Should I Care?)

Pillsbury Winthrop Shaw Pittman

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What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let's take a quick run at the first two.

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Alexis N. Wansac

What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let's take a quick run at the first two.

What Is Subrogation?

"Subrogation" refers to the act of one person or party standing in the place of another person or party. It is a legal right held by most insurance carriers to pursue a third party that caused an insurance loss in order to recover the amount the insurance carrier paid the insured to cover the loss. This occurs when (i) the insurance carrier makes a payment on behalf of its insured as the result of a covered accident or injury, and then (ii) the insurer then seeks repayment from the at-fault party.

Why Would I Waive Subrogation Rights?

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