Subrogation claims aid insurance companies in recovering expenses they pay out when they're not liable for damages. Subrogation is when a third party demands to be paid back out of your injury settlement for payments that they made up front.As a specific example, an insurance company that did not actually pay out a claim to the policyholder has no grounds for a subrogation claim. ' Subrogation has its origins in chancery and is based on the important public policy that the party causing a loss in the first place should bear the ultimate. Subrogation is a legal action that an insurance company (the insurance carrier) takes to recoup the funds paid out in a claim from the atfault party. Cozen O'Connor is the world's leading subrogation and recovery law firm. We founded our subrogation and recovery practice in 1970. A subrogated insurer may sue in the insurer's own name, or in the name of the insured for the use of the insurer. Generally, insurance companies can only file for subrogation if they've already covered your claim. Our civil litigation defense attorneys represent clients for general civil litigation subrogation in Chicago, Illinois, Missouri, Wisconsin and nationwide.