Subrogation
Overview
When someone else is to blame for your loss, two people owe you money: the person who caused the damage, and the insurer you paid to protect you. Collect from both and you would walk away richer than before the accident. Insurance will not allow that. Subrogation is the rule that lets your insurer, once it has paid you, chase the wrongdoer in your place and recover what it laid out, so that nobody profits from a misfortune.
In this lesson you will learn exactly what subrogation means and why it is the twin of indemnity, the right it gives the insurer to step into your legal shoes, the duty it places on you not to spoil that right, and the point at which it may be used. You will settle real claims where an excess or under-insurance means the recovery has to be shared, and you will see why the insurer can never keep a penny more than it paid.
Objectives
- Define subrogation and explain its relationship to the principle of indemnity
- State the insurer's right to step into the legal remedies of the insured after payment of a claim
- Explain the duty of the insured to preserve the insurer's rights of recovery
- Explain when subrogation arises and how any recovery in excess of the claim is treated
Lesson Note
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Lesson Evaluation
Congratulations on completing the lesson on Subrogation. Now that youve explored the key concepts and ideas, its time to put your knowledge to the test. This section offers a variety of practice questions designed to reinforce your understanding and help you gauge your grasp of the material.
You will encounter a mix of question types, including multiple-choice questions, short answer questions, and essay questions. Each question is thoughtfully crafted to assess different aspects of your knowledge and critical thinking skills.
Use this evaluation section as an opportunity to reinforce your understanding of the topic and to identify any areas where you may need additional study. Don't be discouraged by any challenges you encounter; instead, view them as opportunities for growth and improvement.
- Subrogation is best described as a corollary of the principle of: A. Utmost good faith B. Insurable interest C. Indemnity D. Proximate cause Answer: C
- To which of the following contracts does subrogation NOT apply? A. Fire insurance B. Motor own damage insurance C. Marine cargo insurance D. Life assurance Answer: D
- An insurer may exercise its right of subrogation: A. As soon as the loss occurs, before paying the claim B. Only after it has indemnified the insured C. At any time, whether or not it pays the claim D. Only if the insured agrees to share the recovery Answer: B
- An insurer pays a claim of 700,000 naira after the insured has borne an excess of 50,000 naira. It later recovers 750,000 naira from the negligent third party. How much may the insurer retain? A. 750,000 naira B. 700,000 naira C. 650,000 naira D. 50,000 naira Answer: B
- Subrogation rights may arise through: A. Tort only B. Contract only C. Statute only D. Tort, contract or statute Answer: D
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