Talk:Subrogation

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Contents 1 Missing Information 2 Waiver of Subrogation 3 Tidy up and consolidation? 4 Etymology 5 Identity of Claiming Party

[edit] Missing Information

There's no mention in the page of where this is the law. Shouldn't any article about legal concepts say where it applies? I'm sure it can't apply in every country in the world —Preceding unsigned comment added by 32.97.110.142 (talk) 22:51, 21 November 2007 (UTC)

One key concept in the application of subrogation rights is that it attaches only to legal obligations, i.e., if an insurance carrier pays it's insured for vehicle damage and adds a certain sum that it is not legally obligated to pay, that carrier cannot expect the tortfeasor to be responsible for that certain sum. This is most commonly seen in total loss settlements, and waivers of betterment. The amount over and above the actual cash value of a vehicle that a carrier may pay to arrive at a settlement with an insured amounts to a gift, and therefore not subject to subrogation. If a wearable part is replaced with new, and the carrier does not apply normally due betterment as appropriate, that unapplied betterment is also a gift to the insured, not subject to subrogation.

Typical citations: 29 U.S.C.#1001 et seq. "Morris V. Crete Carrier Corp.", 105 F.3d 279 (6th Cir. 1997) "Greater N.Y. Mutual Ins. Co.", 85 F.3d 1088 (3d Cir. 1996) Black's Law Dictionary, 1427 (6th ed 1990)

Many more citations available.

[edit] Waiver of Subrogation

What does it mean when insurance companies want a waiver of subrogation in favor of insured parties when a policy is in joint names?

[edit] Tidy up and consolidation?

This article has grown in a slightly ad hoc fashion. It seems have to starting talking about insurance subrogation, and then half-heartedly been expanded to cover other areas. It might be a good time to have a really thorough resetting, doing the general principles/law at the top (which at the moment isn't really covered at all, at least not in any depth), and then sub-categories for the 5 accepted legal categories of subrogation know to law below (which will vary in length, insurance being the longest, obviously). Does anyone have any views on that proposal? Legis 07:20, 7 July 2006 (UTC)

Per my last post in July (above), I have now done a re-write of this article, and the draft can be found at User:Legis/sandbox/draft 1. I am taking any last comments/suggestions/objections, but subject to any serious objections, I am proposing to amend and restate the article in the form of the draft. Legis 13:20, 18 November 2006 (UTC)

I will assume that silence means acquiesence rather than indifference and make the edit. Legis 10:29, 25 November 2006 (UTC)

Why only "common law"? Subrogation exists also in civil law traditions. See for example articles 1651-1659 of the Civil Code of Quebec, which deal with subrogation in the Quebec (civil) law. —Preceding unsigned comment added by User:67.71.70.67 (talk • contribs) 01:57, 9 December 2006

Put it in. I am only a common law lawyer, so obviously I can only write what I know about, but feel free to add the civil law perspective as appropriate. Legis (talk - contributions) 11:51, 9 December 2006 (UTC)

[edit] Etymology

I added a footnote with some references to dictionaries showing the etymology of the subject term for the article. Hopefully this will make clearer how the sense of the term has changed from the original Latin to its present day legal sense. Yours, Famspear 17:40, 22 December 2006 (UTC)

[edit] Identity of Claiming Party

In the example in the intro, it is stated that the insurer claims against the third party that caused the loss. Certainly in English law this is not the case, (not sure what law is being talked about here). In English law, the claim form, (or what used to be called a writ), is issued by the assured and the action is in the assured's name, not the insurer's name. 81.187.144.14 (talk) 22:18, 9 January 2008 (UTC)