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Simple English definitions for legal terms

antisubrogation rule

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A quick definition of antisubrogation rule:

An antisubrogation rule is a principle in insurance that states that an insurance company cannot make a claim on behalf of the insured or for payments made under the policy against its own insured for the risk covered by the policy. Subrogation is the substitution of one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor. Legal subrogation arises by operation of law or by implication in equity to prevent fraud or injustice.

A more thorough explanation:

Definition: The principle that an insurance carrier cannot assert a claim on behalf of the insured or for payments made under the policy against its own insured for the risk covered by the policy.

Subrogation: The substitution of one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor.

For example, if a surety pays a debt, they are entitled to any security for the debt held by the creditor and the benefit of any judgment the creditor has against the debtor. They may proceed against the debtor as the creditor would. This is known as subrogation.

Conventional Subrogation: Subrogation that arises by contract or by an express act of the parties.

Legal Subrogation: Subrogation that arises by operation of law or by implication in equity to prevent fraud or injustice. Legal subrogation usually arises when:

  1. The paying party has a liability, claim, or fiduciary relationship with the debtor.
  2. The party pays to fulfill a legal duty or because of public policy.
  3. The paying party is a secondary debtor.
  4. The paying party is a surety.
  5. The party pays to protect its own rights or property.

The antisubrogation rule prevents an insurance carrier from using subrogation against its own insured for the risk covered by the policy. This means that if an insured suffers a loss covered by their insurance policy, the insurance carrier cannot seek reimbursement from the insured for any payments made under the policy.

For example, if a homeowner's insurance policy covers damage to their home caused by a storm, the insurance carrier cannot seek reimbursement from the homeowner for any payments made under the policy. This is because of the antisubrogation rule.

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23:39
you all are so sweet
lilypadfrog
23:39
what is a federal clerkship
shaquilleoatmeal
23:40
15/15 - dolph patience is a virtue lol I promise at the end of the cycle I’ll you. Damn info you’re killin it, chi interview and bu !? Jeopardy, did I miss somethin ?!
JumpySubsequentDolphin
23:40
@lilypadfrog: you get the vision
23:40
@JumpySubsequentDolphin: thats rwally good
23:40
@shaquilleoatmeal: once upon a time i was on jeopardy
texaslawhopefully
23:40
@lilypadfrog: working in a judge's chambers for a year or two
lilypadfrog
23:40
twice upon a time
23:40
9/10
23:40
four times upon a time but twice upon a time i won
lilypadfrog
23:41
@texaslawhopefully: Tex u would lose jeopardy it’s the other way around
23:41
@texaslawhopefully: i believe she was doing the jeopardy bit
texaslawhopefully
23:41
Well I'm completely socially unaware lmao
JumpySubsequentDolphin
23:42
@texaslawhopefully: what is a federal clerkship?
JumpySubsequentDolphin
23:42
did I win
you won my heart jumpy <3
lilypadfrog
23:42
girl who has been on lsd.law for two cycles and remains blissfully unaware of what a clerkship is would be a good bit
23:42
goodnight chatroom crew
texaslawhopefully
23:42
Yeah I probably should have known better
texaslawhopefully
23:43
goodnight info man and good luck tmrw! you're going to kill it
Proud of you, Info!
lilypadfrog
23:43
bye bye info man
23:43
Jumpy that was good too youre cooking
JumpySubsequentDolphin
23:43
@IrishDinosaur: ly <3
JumpySubsequentDolphin
23:43
@JohnLennon: rate it
23:44
8
Dkk
0:24
@info-man: that's cool. I love jeopardy.
should we be expecting any waves tomorrow?
texaslawhopefully
0:49
maybe chicago
good luck then to all u chicago applicants!
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