Insurance · Laws and Regulations

What is 'subrogation' in casualty insurance, and how does it apply to auto claims?

Correct answer

The insurer's right to step into the insured's shoes after paying a claim and pursue the responsible third party for recovery — common in auto claims where the insurer pays the insured's collision damage and then seeks reimbursement from the at-fault driver's insurance

  1. A Substituting beneficiaries
  2. B A claim discount
  3. C Switching insurance companies
  4. D The insurer's right to step into the insured's shoes after paying a claim and pursue the responsible third party for recovery — common in auto claims where the insurer pays the insured's collision damage and then seeks reimbursement from the at-fault driver's insurance

Why this is the answer

Subrogation in casualty insurance follows the same principle as in property insurance: the insurer steps into the insured's legal rights against the responsible third party after paying the claim. In auto claims, the most common subrogation scenario: the insured's collision coverage pays for damage to their car after an accident caused by another driver; the insurer then subrogates against the at-fault driver (or the at-fault driver's liability insurer) to recover the payment. The insured signs a subrogation agreement at the time of payment. The insurer may pursue recovery in the name of the insured. Successful subrogation often results in the insured being reimbursed for their deductible (proportionally) from the recovery. The insured generally cannot release the responsible party from liability through a private settlement that would defeat the insurer's subrogation rights. Subrogation supports the indemnity principle and helps keep premium costs down.
Source: NAIC Model Outline, Subrogation in Casualty

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About this topic: Laws and Regulations

Laws and regulations for casualty insurance cover the state insurance department's powers, producer licensing and conduct, unfair trade and claims practices, and the rules on cancellation and nonrenewal. This is one of 7 Casualty Insurance questions on laws and regulations, each with a full explanation on a single study page.

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