What is the right of subrogation in civil law?
In civil law, the right of subrogation is a process whereby an insurance carrier or other creditor is substituted in the place of a party in a legal right or claim. This allows the carrier or creditor to step into the shoes of the insured or debtor and take action on the claim. In Florida, the right of subrogation is governed by statute and common law. Under Florida Statute 624.155, an insurer may subrogate its contractual rights when it pays for a covered loss for an insured party, and then is entitled to pursue the other party who was responsible for the loss. Common law subrogation is based in the equitable principle of unjust enrichment, which states that a party should not benefit from the wrongful actions of another. In either case, the carrier or creditor must be able to demonstrate that it has a legal right to substitute itself in the place of their insured party or debtor and that it has suffered a financial loss as a result of said party’s obligation. If these criteria are met, the carrier or creditor may then pursue legal action against the responsible party in order to recover the amount of the loss. In summary, the right of subrogation in Florida civil law is a process by which an insurance carrier or other creditor may be substituted in the place of a party in a legal right or claim and pursue said claim in order to recover a financial loss. This right is governed by statute and common law and must be able to demonstrate a legal right to substitute itself.
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