What equitable right does a subrogee have to enforce an insured's claim against the insurer?

California, United States of America


The following excerpt is from Commercial Union Assurance Co. v. City of San Jose, 127 Cal.App.3d 730, 179 Cal.Rptr. 814 (Cal. App. 1982):

[127 Cal.App.3d 738] The equitable right to which the court refers is the right of the subrogee to enforce "the security or obligation held by the creditor whom he has paid." In Arp v. Blake, supra, 63 Cal.App. 362, 218 P. 773, that right had been assigned before the payment was made and the payor secured no rights as subrogee. Here, the insured's cause of action was barred before the insurer made payment, and it secured no rights.

Other Questions


Does a settlement with an insured silent as to any bad faith action constitute a waiver of the insured's right to sue the insurer for unfair claims practices? (California, United States of America)
Does an attorney have a legal right to stipulate away an insured's rights without his consent for the benefit of his other client, the insurance company? (California, United States of America)
Does a plaintiff's claim for equal rights under the Civil Rights Act apply to a defendant's claim of equal treatment? (California, United States of America)
Does a carrier's decision not to pursue subrogation rights after it has properly paid claims under the insurance policy affect the insured's benefits? (California, United States of America)
In reviewing a claim that the Miranda rights were violated, how have courts reviewed the evidence in the context of Miranda rights claims? (California, United States of America)
Can an insured against his insurance carrier for wrongful failure to settle a claim for damages against the insurer? (California, United States of America)
What is the test of good faith and fair-dealing in the context of an insurance policy where the insurer is required to hire an attorney to defend the insured against the insured? (California, United States of America)
Can an insurer deny a plaintiff's claim that she was induced to delay, or delay, filing a claim against the insurer? (California, United States of America)
Does a medical insurer have a duty of good faith and fair dealing in denying an insured's claim for hospital benefits? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.