Shortly after the insurance company receives notice of a loss, an adjuster representing the insurance company will visit the policyholder to gather facts about how the loss occurred, the magnitude of the loss, and the possibility of subrogation.
32.
In certain circumstances, that jurisprudence has also held that, while subrogation may normally render payment of a debt by a guarantor outside the scope of marshalling, equitable subordination may bring the assets of a guarantor within its reach.
33.
Thereafter, Fire Exchange sought subrogation from the insurers of the neighborhood children who had started the fire, eventually agreeing to a 5 % reduction in the replacement cost to reflect the depreciating of the property prior to the fire.
34.
If the cargo-owner fails to claim first against the shipowner, but claims instead against its own insurance company, the insurer, having reimbursed its client, will through subrogation pursue the claim in its own right against the shipowner.
35.
The lower federal courts are in dispute over whether the Employee Retirement Income Security Act permits this kind of suit, even if the benefits plan contains what is known as a subrogation clause providing that a member cannot keep a double-recovery windfall.
36.
In contrast, this approach has been stridently rejected by the High Court of Australia, where the doctrinal basis of subrogation is said to lie in the prevention of unconscionable results : for example, the discharge of a debtor or one party getting double recovery.
37.
It promotes the concept of insurance companies as a substitute for government as the institution used to pursue claims; in the event a person were defrauded, they could file a claim with their insurance company, and the insurer would obtain the right of subrogation.
38.
He also predicted the absorption of the territory's financial reserves of US $ 43 billion ( HK $ 335.4 billion ) by Beijing, which would not be able to bear the subrogation of Hong Kong's monetary policy to the United States.
39.
A quarter-century after victorious Communist troops entered Saigon, a trio of reinsurance companies themselves became " casualties of war " in a lingering legal tangle over subrogation of a claim for a long-ago-lost cargo of rice bound for the warring land.
40.
In some cases, the principal has a cause of action against another party for the principal's loss, and the surety will have a right of subrogation " step into the shoes of " the principal and recover damages to make up for the payment to the principal.
