Statutory Rights of Subrogation
Texas law recognizes three sources of subrogation rights: equitable, contractual, and statutory. (Fortis Benefits v. Cantu, 243 S.W.3d 642, 648— 49 (Tex. 2007).) A statute may provide a right to recovery, like section 43.004 of the Texas Civil Practice and Remedies Code, which provides: “A surety who pays on a judgment … is subrogated to all of the judgment creditor’s rights under the judgment. A surety who pays on a judgment … is subrogated to all of the judgment creditor’s rights under the judgment.
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