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MEANING OF SUBROGATION
Common law principle. Places insurer in shoes of insured once claim is paid.
Valid contract of insurance Indemnification by the insurers under the contract in terms of common law
A connection between the subject matter of the insurance and the rights of the insured to which insurers are subrogated
CASE ON SUBROGAION... The case of British Columbia Ministry of Health V.Homewood 34.
In this case we had settled the claim of Ms. Homewood against several different defendants. While we obtained all
we settled for less than all of the liability coverage of two other defendants because of liability risks and claims of comparative negligence.
The insurer has the burden of proof that the settlement was
less than the amount of the tortfeasors fault times the injured persons total damages
TO ESTABLISH PREJUDICE
Only if the latter percentage exceeds the former will subrogation rights have been prejudiced and Law apply. Otherwise the rule from Thiringer applies. The insurance
In Homewood, the insurer did not meet its burden to prove that the plaintiff was made whole. That burden was placed squarely on the insurer. Than they had agreed to pay amount claimed with the penality.