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Is there any way of escaping from subrogation?

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2008-06-24 14:13:43
2008-06-24 14:13:43

Are you sure you understand the terms your using?

If your a debtor, why would you argue with subrogation?

If your a creditor it is uncommon to be subrogated without consent, and you probably have grounds to protest. But by wanting to do so the court would likey be securing your position for the better....and you would want it.

There are three kinds of subrogation: 1. That made by the owner of a thing of his own free will; example, when be voluntarily assigns it. 2. That which arises in consequence of the law, even without the consent of the owner; example, when a man pays a debt which could not be properly called his own, but which nevertheless it was his interest to pay, or which he might have been compelled to pay for another, the law subrogates him to all the rights of the creditor. 3. That which arises by the act of law joined to the act of the debtor; as, when the debtor borrows money expressly to pay off his debt, and with the intention of substituting the lender in the place of the old creditor.

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First, the difference used to matter in the US, but in most instances the difference is negligible now. Common law subrogation arises from the historic decisions of the courts of the state or jurisdiction where the subrogation lien arose. These courts in almost every state established laws that provided that a payor of another's true debt would have a claim against the responsible party (or - more accurately - a lien on the harmed party's claim against the responsible party). Contractual subrogation technically arises out of a contract (such as an insurance policy or mortgage agreement) that provides in a clause or two that if payments need to be made then the payor will have a claim (or a lien on the claim) against the responsible party. Nowadays, the distinction between the two is very blurry as most courts recognize the common law subrogation right, and treat it in tandem with the contractual subrogation rights. Ken Levine; Nelson, Levine, de Luca & Horst


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