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The Equitable Right of Subrogation

Subrogation is an equitable right to seek recovery of losses paid by the plaintiff for another in an action against the party that caused the losses. In insurance law, subrogation refers to the right of the insurer to seek compensation for its payments to its insured by filing an action against the person that caused the damages to the insured.

Insurance Law

If an insured suffers a loss for which an insurer denies coverage, the insured may attempt to recover damages from the agent or the insurer on the ground that he would not have purchased such a policy had the agent explained it to him. The action may be brought under a negligence theory. In such a case, the insured would need to prove that the agent had a duty of care to explain the policy to him.

Pollution Exclusion

The CGL Policy Exclusion for Pollution

Policy Construction Supporting Coverage

An insurance policy may contain provisions that state when coverage will be forfeited or which perils are excluded from coverage. Such provisions may be valid and enforceable, if unambiguous.

Calculation of the Loss - Actual Cash Value or Replacement Value

In paying the loss suffered by a policyholder when property is damaged or destroyed, an insurance company normally will consider its obligation to be to pay the present or depreciated value of the property just before its loss. Thus, destruction of a well-used item could result in a minimal recovery for the policyholder. A policyholder may purchase a relatively inexpensive rider to the policy providing for reimbursement of the replacement value of the damaged or destroyed item. Examination of the insurance policy and any rider should provide details on coverage under the policy for either actual cash value or replacement value.