Construction,
Civil Litigation,
California Courts of Appeal
Jul. 15, 2021
Construction Corner: Enter equitable subrogation
Typically, subrogation is a matter of contract and the rights and responsibilities of parties are set forth within the terms of a policy. However, subrogation may be matter of law. This is where equitable subrogation comes in
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
Subrogation is well understood by insurance attorneys. For those unfamiliar, according to the Institute of Risk Management Institute's glossary of insurance terms, subrogation is "the assignment to an insurer by the terms of [a] policy or by law, after payment of a loss, of the rights of the insured to recover the amount of the loss from one legally liable for it." In other words, if an insurer comes out-of-pocket for something someone else d...
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