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Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect debts or damages. [1] It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for their own benefit. [ 2 ]
The collateral source rule, or collateral source doctrine, is an American case law evidentiary rule that prohibits the admission of evidence that the plaintiff or victim has received compensation from some source other than the damages sought against the defendant.
Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Cf. ex ...
The first reported judicial decision involving an effort of a health insurer to seek subrogation on a personal injury claim is the 1982 decision in Frost v. Porter Leasing Corp., 436 N.E.2d 387 (Mass. 1982) in which subrogation was denied. “ERISA reimbursement” claims began arising in the late 1980s and have been resisted by some federal ...
The phrase "layman's terms" is used to refer to plain language that is understandable to the everyday person, as opposed to specialised terminology understood only by a professional. [ 4 ] [ 5 ] Terms such as lay priest , lay clergy and lay nun were once used in certain Buddhist cultures, especially Japanese, to indicate ordained persons who ...
The term derives from the 16th-century idiom "in plain English", meaning "in clear, straightforward language" [2] as well as the Latin planus ("flat"). Another name for the term, layman's terms, is derived from the idiom "in layman's terms" which refers to language phrased simply enough that a layman, or common person without expertise on the subject, can understand.
The amount over and above the actual cash value of a vehicle that a carrier may pay to arrive at a settlement with an insured amounts to a gift, and therefore not subject to subrogation. If a wearable part is replaced with new, and the carrier does not apply normally due betterment as appropriate, that unapplied betterment is also a gift to the ...
In Australian law, actions derived from the common money counts continue to generate only personal remedies. The doctrinal basis of subrogation is not unsettled: it has nothing to do with unjust enrichment. [23] Claims to traceable substitutes are a part of the law of property, not unjust enrichment.