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subrogation

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Subrogation is the assumption by a third party (a subrogor, such as a second creditor or an insurance company) of another party (a subrogee)'s legal right to collect debts or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for their own benefit. A right of subrogation typically arises by operation of law, but can also arise by statute or by agreement. Subrogation is an equitable remedy, having first developed in the English Court of Chancery. It is a familiar feature of common law systems. Analogous doctrines exist in civil

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15 sections
Contents
  • Doctrine
  • Types
  • Indemnity insurer's subrogation rights
  • Travel insurance subrogation process
  • Surety's subrogation rights
  • Subrogation rights against trustees
  • Lender's subrogation rights
  • Miscellaneous
  • Effects
  • Waiver of subrogation
  • Subrogation in case law
  • Subrogation in civil law jurisdictions
  • See also
  • References
  • External links

Subrogation is the assumption by a third party (a subrogor, such as a second creditor or an insurance company) of another party (a subrogee)'s legal right to collect debts or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for their own benefit. A right of subrogation typically arises by operation of law, but can also arise by statute or by agreement. Subrogation is an equitable remedy, having first developed in the English Court of Chancery. It is a familiar feature of common law systems. Analogous doctrines exist in civil law jurisdictions.

Subrogation is a relatively specialised legal field; entire legal textbooks are devoted to the subject.

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