The Equitable Remedy
The two key elements of equitable subrogation are 1) that the party on whose behalf the claimant discharged a debt was primarily liable on the debt, and 2) that the claimant paid the debt involuntarily.” In this case, Admiral did not contend that Westchester was a volunteer, but that Admiral did not owe a debt to its insured for the punitive damages, treble damages, and attorney’s fees because they were not covered under Admiral’s policy.
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