Subrogation has its roots in the equitable notion that the party who in good conscience is responsible for a loss should pay for the loss. Property insurance policies provide the natural opportunity for accomplishing that goal when a loss is caused by a third party and, absent insurance, that third party is liable under the law for the damage caused to the injured party.

Property insurers handle thousands of claims per year, and most of them will not involve potential third-party responsibility. Nevertheless, claims professionals must remain vigilant as a missed subrogation opportunity on any loss, especially a large loss, impacts recoveries. Using a hypothetical loss with certain facts will help us demonstrate how subrogation can be the land of missed opportunity.

Old School v. New School