This is an example of how subrogation works: EXAMPLE: John has car insurance with State Farm. Bob rear ends John on the road causing damage to John's car.Fill out the form below about your potential case and a personal injury lawyer will get back to you as quickly as possible. Plaintiff. ) Jane Doe. Where an insurance company has only partially reimbursed an insured for his loss, the insured is the real party in interest and can maintain the action in his. This page contains Subrogation clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses. A person can be substituted in place of another so as to have all rights and obligations pertaining to a lawful claim, demand, or right against a third party. It is an equitable subrogation that can take effect with or without a contract. In Mattingly, the Owner contracted with a contractor to construct an Arby's Restaurant using a standard form AIA.