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sub·ro·ga·tion /ˌsə-brō-'gā-shən/ n1: an equitable doctrine holding that when a third party pays a creditor or obligee the third party succeeds to the creditor's rights against the debtor or obligor; also: a doctrine holding that when an insurance company pays an insured's claim of loss due to another's tort the insurer succeeds to the insured's rights (as the right to sue for damages) against the tortfeasor – called also equitable subrogation;2: an act or instance of subrogatingwhere an insurer has acquired by an assignment or by subrogation the right to recover for money — J. M. Landers et al.◇ Subrogation can take place either by operation of law or by contractual agreement.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
noun
change, commutation, displacement, exchange, interchange, replacement, replacing, substitution, succession, supersedure, supersession, supplantation, supplanting, surrogation, switch, transfer, transference
associated concepts: conventional subrogation, legal subrogation, rights of subrogation
II
index
replacement
Burton's Legal Thesaurus. William C. Burton. 2006
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n.The substitution of one person for another with respect to an obligation, legal claim, or debt, with the substituted person assuming all duties of payment or performance and all rights that accompany the claim.v.subrogate
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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A taking on of the legal rights of someone whose debts or expenses have been paid. For example, subrogation occurs when an insurance company that has paid off its injured claimant takes the legal rights the claimant has against a third party that caused the injury, and sues that third party.Category: Accidents & InjuriesCategory: Business, LLCs & CorporationsCategory: Personal Finance & RetirementCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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subrogate/subrogationAn equitable remedy used to prevent unjust enrichment. Where an insurer has paid out money to an insured, subrogation enables the insurer to recoup all or some of that money from a third party who caused or contributed to the loss. This means that once an insurer has paid out under an insurance contract, the insurer can "step into the shoes" of the insured. The insurer acquires the rights to:• Use the insured's name to proceed against any third party who was responsible for causing the loss.• Claim from the insured any sums received by way of compensation from that third party.The insurer has no greater rights than the insured and can only pursue actions against a person who could have been pursued by the insured.Subrogation also allows a person who discharges the debt of another person to step into the shoes of the person originally entitled to that security. That is, the person who discharges the debt may be subrogated to any security on which the original debt was secured.Related links
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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n.1 A paying of or an assumption of the debt of one person by another.2 The passing of rights from one party to another by virtue of the second's assumption of a debt on behalf of the first party;3 In insurance, the right of an insurer to recover from a third party all amounts paid out on behalf of its insured.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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The substitution of one person in the place of another with reference to a lawful claim, demand, or right, so that he or she who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities.
Dictionary from West's Encyclopedia of American Law. 2005.
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The substitution of one person in the place of another with reference to a lawful claim, demand, or right, so that he or she who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.assuming the legal rights of a person for whom expenses or a debt has been paid. Typically, subrogation occurs when an insurance company which pays its insured client for injuries and losses then sues the party which the injured person contends caused the damages to him/her. Example: Fred Farmer negligently builds a bonfire which gets out of control and starts a grass fire which spreads to Ned Neighbor's barn. Good Hands Insurance Co. has insured the barn, pays Neighbor his estimated cost of reconstruction of the barn, and then sues Farmer for that amount. Farmer will have all the "defenses" to the insurance company's suit that he would have had against Neighbor, including the contention that the cost of repairing the barn was less than Neighbor was paid or that Neighbor negligently got in the way of firefighters trying to put out the grass fire.
Law dictionary. EdwART. 2013.
