Insurance 101 – Volume 68 – Equitable Subrogation

Equitable Subrogation

When an entity agrees to indemnify the other party to the underlying transaction has a liability of greater primacy than an independent insurer that insures against loss can be held liable to an insurer because (1) the defendant was alleged to have caused the loss; (2) the defendant expressly promised to indemnify (not just to obtain insurance) in a contract related to the project from which the underlying loss occurred; and (3) the insurer’s receipt of premiums did not preclude it from being equitably superior to a party that contractually agreed to indemnify.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library.

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The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.

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