Is an insurance carriers right to subrogate against another party by the terms of the insurance contract?
In most insurance policies today part of the terms are an agreement by the insured to cooperate with the insurer. Cooperation requries the insured to participate and assign their rights to the insurance provider for claims the insured has against the original tortfeasor. In the event that the insurer pays a claim that was caused by a 3rd party, the insurance provider will requrie their insured to sign over subrogation rights. In the case of uninsured motorist coverage, the insurance provider’s right of subrogation is created by statute.
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