Origin Developed as an equitable remedy first in the English Court of Chancery before becoming a standard doctrine across common law jurisdictions.
Subrogation is the assumption by a third party of another party'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, and it is an equitable remedy that first developed in the English Court of Chancery. It is a familiar feature of common law systems, and analogous doctrines exist in civil law jurisdictions. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/
Facts
Origin PeriodDeveloped as an equitable remedy first in the English Court of Chancery before becoming a standard doctrine across common law jurisdictions. 2 Core PrincipleA legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for their own benefit. 2 Classification
Doctrine Category FAQs
What can an insurer do after paying out under a policy?
It may stand in the insured's shoes and enforce the insured's rights against the party responsible for the loss.
After paying out under a policy of indemnity insurance, an insurer may be entitled to stand in the shoes of the insured and enforce the insured's rights against the third party tortfeasor who is responsible for the loss. This is subrogation in its proper or core sense.
Connections
In Area Of Law
Long-Form Articles
Sources
1. Wikipedia: Subrogation
the assumption by a third party of another party's legal right to collect debts or damagesView the Source 2. Subrogation (Wikipedia)
Introduction
Subrogation is an equitable remedy, having first developed in the English Court of Chancery.
Lead paragraph, sentence on enforcing another's rights
It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for their own benefit.
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