Insurance companies can utilize this letter template to seek reimbursement from the person or entity legally responsible for a loss. An insurance company is not the real party in interest.Learn how to fight against subrogation claims in Indiana. Don't let insurance companies push you around: know your rights. The Plaintiff, above named, complaining of Defendants, above named, alleges and says as follows: 1. If the plaintiff settles with the tortfeasor prior to settling with the. ERISA carrier, there is a danger that the plaintiff will end up paying the ERISA plan. If you receive a subrogation letter in the mail and you do not have insurance, you will need to defend the claim on your own. Let's go back to our John and Bob example. Subrogation or insurance experience is a plus.