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Explaining how to Obtain a Subrogation Recovery   

https://zalma.com/blog 

Equity allows creative remedies for wrongs that do not fit within the  confines of traditional tort or contract remedies (i.e., with cash). The  ancient maxim \\u201cfor every wrong there is a remedy\\u201d (California Civil  Code \\xa7 3523) applies to subrogation rights. The maxims were adopted from  the common law of England and are relied on in all jurisdictions. 

In  California, the maxims were codified in its Civil Code.  The purpose of equitable subrogation is \\u201cto prevent forfeiture and  unjust enrichment.\\u201d [Eastern Savings Bank, FSB v. Pappas, 829 A.2d 953,  957 (D.C.2003)]  The roots of equitable subrogation lie in the concept of remedying a  mistake. In Hicks v. Londre, 125 P.3d 452, 458 (Colo.2005) the Colorado  Supreme Court observed that equitable subrogation is appropriate when  mistake is involved. [Joondeph v. Hicks, 235 P.3d 303 (Colo., 2010)]  Equitable subrogation is a doctrine that allows one who has discharged  the debt of another to succeed to the rights of the satisfied creditor.  

For example, if Creditor # 3 pays off a debt owed to Creditor # 1 by the  same debtor, equitable subrogation would enable Creditor # 3 to jump  ahead of Creditor # 2 in priority for repayment. The doctrine, which  began in the English courts of equity as a way for a surety to seek  repayment from a defaulting debtor, has been applied by the Delaware  Court of Chancery for over a century. [Eastern Savings Bank, FSB v.  Cach, LLC, Supreme Court of Delaware, 124 A.3d 585 (2015)]  ZALMA OPINION  Subrogation is an equitable remedy and with the assistance of a  professional claims person becomes a profit center to an insurer since  it can reduce or fully reimburse the insurer for monies paid to an  insured. Every claims investigation must include an investigation of  subrogation potential.  

\\xa9 2021 \\u2013 Barry Zalma  Barry Zalma, Esq., CFE, now limits his practice to service as an  insurance consultant specializing in insurance coverage, insurance  claims handling, insurance bad faith and insurance fraud almost equally  for insurers and policyholders.