Subrogation 2


Subrogation 2 : As used in civil actions, the substitution of one for another so that the new party succeeds to the former's rights or legal claims. It is frequently referred to as the doctrine of substitution. It is a device commonly used in insurance litigation, adopted or invented by equity to compel the ultimate discharge of a debt or obligation. It is the mechanism by which the equity of one man (or party) is worked through the rights of another. The right of an insurer on payment of a loss to be subrogated pro tanto to any right of action which the insured may have had against any third person whose wrongful act or neglect caused the loss insured against by the insurer is one example
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