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SUBROGATION

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1SUBROGATION Empty SUBROGATION Sat Sep 20, 2008 10:46 pm

barrister

barrister
Reclusion Perpetua

The right of subrogation is the mode which equity adopts to compel the ultimate payment of a debt by one who in justice and good conscience ought to pay. It is not dependent upon, nor does it grow out of any privity of contract nor upon written assignment of claim. It accrues simply upon payment by the insurance company of the insurance claim. Consequently, the payment made by the insurer to the assured operates as an equitable assignment to the former of all the remedies
which the latter may have against the obligor.

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