Insurance,
Construction,
Civil Litigation
Mar. 5, 2020
When insurers stand in the shoes of insureds for all purposes
It’s commonly stated that when it comes to subrogation actions, where an insurer seeks reimbursements from responsible third parties for claims paid out by the insurer, the insurer for “stands in the shoes” of its insured. Simply put, in seeking subrogation, an insurer has no greater or lesser rights than its insured. Typically, that’s a powerful weapon.
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
It's commonly stated that when it comes to subrogation actions, where an insurer seeks reimbursements from responsible third parties for claims paid out by the insurer, the insurer for "stands in the shoes" of its insured. Simply put, in seeking subrogation, an insurer has no greater or lesser rights than its insured. Typically, that's a powerful weapon since an insurer otherwise has no contractual or legal relationship with the third party f...
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