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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 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 ...
As a crime, it has been defined as "persuading another to commit perjury." [2]But "suborn" is more broadly defined. Amongst three definitions: to induce a person to commit a wrongful act ... esp. in a secret or underhanded manner; to induce a person to commit perjury; and to obtain perjured testimony from another.
Subrogation entitles one party to stand in the shoes of another party having repaid indebtedness due to that party, while marshalling requires separate debts due from a debtor to separate secured creditors at the outset. The restitutionary principles applicable to subrogation have no application to marshalling.
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.
Military Claims 'Knock for knock' is also used in a specific, analogous sense, for example, the following, cited in the "Law at War", from the US Army website : In addition to handling these routine matters, the chief of the Claims Section participated in the negotiations with the Korean government concerning the payment of foreign claims generated by troops of the Army of the Republic of ...
In a total loss, the insurer must indemnify the assured in full, and ownership of the insured item thereby passes to the insurer under the legal process of "subrogation". Although the policy determines the level at which the loss becomes total rather than partial, nevertheless the assured (and NOT the insurer) has the final say as to whether he ...
Similar rules apply to transfers of contractual rights by way of subrogation. [10] Whether or not a right of subrogation arises as a matter of law depends upon the applicable law between the parties between whom the subrogation operates, and not the contract in relation to which the rights are subrogated. [11]