Uses "Franklin formula". Reimbursement is amount of third-party recovery plus insurance proceeds exceeding insured's loss and collection costs.In evaluating the defendants' third argument, the court explained the difference between two types of subrogation: equitable and contractual. The main purpose of this paper is to consider the procedural and substantive aspects of the doctrine of subrogation, from the point of view of an insurer. 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. Subrogation is essentially the contractual right of an insurance company to recoup any monies it paid on your behalf following an accident. The State Health Plan has the right of subrogation upon its injured members' right to recover from any other liable party. The insured only waives or releases (the insurance company's) potential claims. Franklin St., Richmond, Virginia 23219. For questions or assistance with completing this form, please contact the Virginia Workers' Compensation.