A subrogated insurer may sue in the insurer's own name, or in the name of the insured for the use of the insurer. A Subrogation Letter should clearly state the facts of the case, including details of the incident (e.g.I have read the foregoing subrogation agreement, understand its contents and have signed the same as my free act. Since the subrogating insurer always "stands in the shoes of its insured", the General Release also barred Republic's subrogation claim against the contractor. Clark University Health Services. Your health care needs can be best met when an organized system of health care providers at Clark University Health. Subrogation occurs when an insurance company goes after a third party for reimbursement of monies paid during a lawsuit as a result of an accident. You have no legal obligations to respond to a subrogation letter. Subrogation is the right of an insurer to pursue the party that caused the loss to the insured in an attempt to recover funds paid in the claim. This is known as subrogation.