Dictionary of Law
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subrogation :: legal definition


Subrogation - n. assuming the legal rights of a person for whom expenses or a debt has been paid. Typically, subrogation occurs when an insurance company which pays its insured client for injuries and losses then sues the party which the injured person contends caused the damages to him/her. Example: Fred Farmer negligently builds a bonfire which gets out of control and starts a grass fire which spreads to Ned Neighbor's barn. Good Hands Insurance Co. has insured the barn, pays Neighbor his estimated cost of reconstruction of the barn, and then sues Farmer for that amount. Farmer will have all the "defenses" to the insurance company's suit that he would have had against Neighbor, including the contention that the cost of repairing the barn was less than Neighbor was paid or that Neighbor negligently got in the way of firefighters trying to put out the grass fire.

See also: negligence subrogee subrogor and Related Law Terms ↓


Related Law Terms

account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
coinsurance :: n. an insurance policy in which the insurance comp ... e insurance company share the risk.
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company.
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow
Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars.
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
insured :: n. 1) the person or entity who will be compensated ... s go to others. See also: insurance
insurer :: n. an insurance company which agrees to pay someon ... lled a premium. See also: insurance
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder.
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
risk :: n. chances of danger or loss, particularly of prop ... so: assumption of risk risk of loss
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor
subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee
sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house."
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder