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What is a Subrogation Lawyer?

Jul 10, 2008
Subrogation has supposedly been around forever, thus Pennsylvania Subrogation Lawyers have also been around forever. (Or at least as long as Pennsylvania has been around). Historians say that the Romans used the principle of subrogation a couple of thousand years ago, albeit in a less complex form than exists today, and the tradition was carried on in Europe over the succeeding centuries. In the United States, some of the oldest cases in the law books involve Pennsylvania Subrogation Lawyers.

The result is that the law of subrogation varies from state to state in its particulars. In addition, because the law of subrogation is so ancient, there are separate rules depending on whether the subrogation involves estates, mechanic's liens, sureties, co-debtors, co-partners, mortgagees, or governmental units.

What's more, because the law of subrogation is supposed to be "elastic" (as one court put it) judges often have the right to extend the law beyond its existing boundaries. Therefore, the analysis of a specific subrogation situation depends on the specific factual situation, and on the law of the particular state involved, and can be pretty unfathomable without an experienced Pennsylvania Subrogation Lawyer.

Subrogation most commonly involves insurance claims, and occurs when a carrier gets the right, from its insured, to hire a Pennsylvania Subrogation Lawyer and sue someone to recover payments made by the carrier on the insured's behalf. This often happens when the carrier is obligated under the policy to make the payments but in reality, someone else is ultimately liable for the loss.

The insured in such a case is called the subrogor; the carrier is the subrogee and is subrogated to the rights of the insured.

When does this situation come up? One common example is when a carrier has paid a claim on behalf of an insured defendant in an accident case and then turns around to sue another party who may be liable-or even sues another carrier. Subrogation might occur if one carrier has settled but thinks another insurer is also liable. Subrogation might occur if an excess carrier has paid a claim that the primary carrier should have paid in part.

Not only does subrogation occur in all these forms; but, to further complicate things, in many states subrogation can be based on either tort law or contract law. In addition, statutes may provide for subrogation rights as well.

There are Pennsylvania Subrogation Lawyers who do nothing but subrogation cases. Sometimes these lawyers will get a few dozen cases at a time from an insurance company. In recent years, some large law firms have gotten into subrogation to help insurers recover some of the multi-million-dollar payments they have made.
As you can see, subrogation is one of the trickiest and most technical areas of law to practice, which is why it is not advisable for anyone, regardless of situation or experience, to attempt a subrogation settlement without the counsel of a Pennsylvania Subrogation Lawyer
About the Author
Pennsylvania Subrogation Lawyers (http://law-gaul.com/) are trained in the technical field of subrogation law, and can keep you from paying damages you are not liable for. The author Art Gib is a freelance writer.
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