Cockatoo guide

Subrogation: recovery after an insurance claim

Subrogation can allow an insurer to pursue recovery rights associated with a loss it has indemnified, subject to the applicable law and policy.

Subrogation can allow an insurer to pursue recovery rights associated with a loss it has indemnified, subject to the applicable law and policy.

The distinction that matters

A policyholder’s agreement to waive recovery rights can affect the insurer’s position and should not be assumed harmless.

What to check

  • Notify the insurer of recovery rights.
  • Check contract waivers before signing.
  • Avoid prejudicing recovery without advice.

Example to discuss

A contractor asks its insurer about a client’s waiver request before agreeing to release another party from liability.

This is a hypothetical comparison, not a customer claim or a determination of cover.

Sources and further reading

General information only. The policy, schedule and applicable rules determine the actual position. For a personal decision, use an appropriately qualified adviser or the relevant provider.

Sources

References used in this guide