Insurance 101 – Chapter 10 – Volume 21 – Recovery From Third Party Tortfeasors – 2

Recovery From Third Party Tortfeasors – 2

The operative language of the standard form subrogation receipts executed by plaintiffs “subrogates, assigns and transfers all of the rights, claims, demands and interest” plaintiffs had against defendants to the extent of the insurance payment. This language was held to have conveyed away all of the insured’s rights against the tortfeasor under somewhat similar facts in Steigerwald v. Godwin, 144 Cal. App. 2d 591, 301 P. 2d 386.

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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