- subrogate
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sub·ro·gate /'sə-brō-ˌgāt/ vt -gat·ed, -gat·ing [Latin subrogatus, past participle of subrogare surrogare to elect as a substitute, from sub- under + rogare to request]: to put in the place of another by the doctrine of subrogation: substitute (as a second creditor) for another with regard to a legal right or claimsubrogate s the trustee to the priority and avoidance rights of certain unsecured creditors — J. J. White and R. S. Summersthe surety who pays the principal obligation is subrogated...to the rights of the creditor — Louisiana Civil Code
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- subrogate
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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.
