Does Pennsylvania law require that a party suffering damages be made whole before an insurer is entitled to subrogation? Under the ASR, an insured "has no right of subrogation against its own insured for a claim arising from the very risk for which the insured was covered.Discuss your insurance and the possibility of liens with your Pennsylvania car crash attorney. Subrogation law is very complex. When your insurance company pays for a claim, they can assume your right to seek compensation for their loss from a liable third party. However, as the employer noted, there was no explicit waiver or mention of future subrogation rights contained within the corrected agreement. Employers can waive their subrogation rights through explicit agreements. Such waivers must show clear documentation. This will not restrict your insurance. Are there offsets for payments from third-parties (i.e.