Texas General Lines — Property and CasualtyProperty and Casualty Insurance BasicsMedium

An insured has a standard property policy covering their commercial building. The policy contains a clause stating that if the insured suffers a loss and has the right to recover damages from another party, the insurer will acquire those rights after paying the claim. What is this clause called?

  1. AArbitration
  2. BSubrogation
  3. CSalvage
  4. DContribution
Show answer & explanation

Correct answer: B. Subrogation

Subrogation is the legal right of an insurer to recover from a third party who caused a loss after paying the insured. This prevents the insured from collecting twice for the same loss.

Why the other options are wrong

  • A. Arbitration is a method of dispute resolution, typically between the insurer and insured, not a third party.
  • C. Salvage refers to the insurer taking possession of damaged property after paying a total loss.
  • D. Contribution relates to how multiple insurers share a loss, not recovery from a third party.

Subrogation

The legal right of an insurance company to seek recovery from a third party who was responsible for a loss, after the insurer has paid the insured for that loss.

  • Prevents double recovery by insured
  • Transfers insured's rights to insurer
  • Common in liability and property insurance

Memory trick: Subrogation: Insurer steps in to get what's due.

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