Insurance 101 – Chapter 10 – Volume 6 – The Equitable Remedy

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.

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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