Kentucky Subrogation Agreement between Insurer and Insured

State:
Multi-State
Control #:
US-0553BG
Format:
Word; 
Rich Text
Instant download

Description

Subrogation is commonly used in insurance matters. For example, on payment of a loss under an insurance policy, an insurer is entitled to be subrogated to the extent of any right of action the insured may have against a third party whose negligence or wro

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FAQ

"Subrogation," or "subro" for short, refers to the right your insurance company holds under your policy ? after they've paid a covered claim ? to request reimbursement from the at-fault party. This reimbursement often comes from the at-fault party's insurance company.

At Hiscox, the additional named insured and the named insured both have full rights under the policy. The named insured is the one who is responsible for paying the premiums, and who can cancel the policy. The additional named insured doesn't have those obligations to the insurer.

Insurance companies argue that the additional insured endorsement is designed to cover only that vicarious liability. If the general contractor was independently negligent, insurance companies argue that the liability for that independent negligence should not be covered by the additional insured endorsement.

An additional insured extends liability insurance coverage beyond the named insured to include other individuals or groups. An additional insured endorsement protects the additional insured under the named insurer's policy allowing them to file a claim if sued.

Section 49.460 - Subrogation (1) No right of action at law against a person who has committed a criminal act for damages as a consequence of such act shall be lost as a consequence of receiving benefits under the provisions of KRS 49.270 to 49.490.

An insurance company may not subrogate against its own insured or a co-insured. However, when a party claiming to be a co-insured is merely a loss payee to which no liability coverage is afforded, subrogation is permissible.

An insurer may attempt to subrogate against an additional insured for completed operations injuries caused by the insured if the additional insured endorsement provides coverage only for ongoing operations injuries.

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Kentucky Subrogation Agreement between Insurer and Insured