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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.

antispamming law | antitakeover statute

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im distracting myself by schizo-scrolling r/lawschoolamissions and every conceivable data point on this godforsaken website
it is not working
Haaa I naturally want to do that too. I’m trying to stop. They need a surgeon general’s warning on this site for perspective law students
i spend more time on here then anything else trying to rationalize that the waves from last year will match waves for this year (they won't) and that the stats of people with the same stats are indicative of my own (they aren't)
There aren't many people in my stat range so I pretty much know every result in my range after being on here for a few years
9:28
congrats on the 172 bruce
go dawgs fr
9:29
roll tide
do we foresee a fordham election day wave today (i'm delusional)
WorthlessAttractiveZombie
9:31
I think so, Jack
9:31
some people hate him. some people love him, but he a real one: https://youtu.be/w5oEqiVQcF4?t=173
9:32
[kevin oleary]
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
WorthlessAttractiveZombie
9:34
I mean if Fordham doesn't release today I will purposefully get on a train, go to new york, and then take the stinkiest shit inside the admission office's toilet (potentially clogging it and forcing them to get a plumber)
IS IT ONLY ON MY END WHY DID THAT SEND TEN MILLION TIMES
HELLO
WorthlessAttractiveZombie
9:35
it sent a million times lol
WHAT HAPPENED
yeah i thought you were tweaking for a second
i'm so sorry everyone what the actual fuck this website hates me
WorthlessAttractiveZombie
9:35
Jack's just tweaking on LSD no biggie
to be fair this accurately represents my mental state
election day psychosis coming in hot (fordham)
usc pls pull through .....
i literally just need one A so i can relax before my ED decision
WorthlessAttractiveZombie
9:38
oh that's right USC might release
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