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. A waiver of subrogation is an agreement where you waive the right for your insurance company to seek compensation from a negligent third party for their losses.An insurer generally may not subrogate against its own insured or any person or entity who has the status of a co-insured under the insurance policy. Subrogation was established well before the law of quasi-contract at common law. At common law, there was no right of subrogation for reimbursement of medical expenses. Idaho, on the other hand, has not addressed this issue. 2. In the case now before the Court, the insurer's right to subrogation was set forth in the insurance policy. If another party is determined to be at fault in the accident, the insurance carrier can then attempt to recover from that party. There is no legislative statement against exhaustion clauses in the state of Utah. If another party is determined to be at fault in the accident, the insurance carrier can then attempt to recover from that party.
