The Right to Subrogation & Salvage
Insurers, dealing with claims, seldom consult the policy wording and almost never, until after a claim is resolved, consider the subrogation and salvage provision. Those provisions provide an insurer with rights that effect the handling of a claim and can destroy any right the insured has to indemnity under the policy.
Thus, if a negligently driven automobile strikes an insured’s building the rights of the insured against the driver of the automobile is transferred to the insurer up to the amount paid by the insurer. This is an important right that can only be waived by the insured under certain limited circumstances authorized by the insurer.
This article explains how subrogation can effectively profit an insurer.
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