For over 20 years Marcadis Singer PA has represented clients with their subrogation matters.  The climate in all types of collection and recovery has changed over the years with higher costs, more difficult judges’ and clerks’ offices however, we believe Insurance Companies need to be more determined in recovering what is rightfully theirs.
Wikipedia Gives an excellent definition, and definition of subrogation as it applies to insurance.
Subrogation is the substitution of one person for another, or of one person into the place of another with respect to rights, claims, or securities. It is most commonly found in the context of insurance, whereby an insurance company, having paid a claim to its insured (e.g., automobile collision, workers’ compensation, health insurance, etc.) steps into the shoes of its insured and enforces a claim against a third-party tortfeasor responsible for causing the loss, in the name of the insured. Rights of subrogation can arise three different ways: (1) automatically as a matter of law, (2) by agreement as part of a contract, or (3) by statute (e.g., workers’ compensation, Longshore and Harbor Workers Compensation Act, Medicare, No-fault auto PIP benefits, etc.). Subrogation by contract commonly arises in contracts of insurance. Subrogation as a matter of law is an equitable doctrine, and forms part of a wider body of law known as unjust enrichment. Two areas where subrogation is relevant are insurance and sureties. In each case, the basic premise is that where one person (i.e. typically an insurer or a guarantor) makes a payment on an obligation which is the primary responsibility of another party, the person making the payment is subrogated to the claims of the person to whom they made the payment with respect to any claims or remedies which are exercisable against the primarily responsible party. For example, if a car owner has collision insurance coverage on his car and the car is damaged by a negligent third party, and if the car owner elects to claim under his or her insurance policy, then any claims which the car owner had against the negligent party will pass to the insurance company in jurisdictions which recognize the doctrine. Similarly, if a father guarantees the debts of his son to the bank (i.e. a contract of suretyship), and the bank elects to call upon the guarantee rather than claiming against the son directly, and the father pays out on the guarantee, the father will become subrogated to the bank’s claims against the son.
Marcadis Singer PA has been representing clients in subrogation matters for over 20 years. In 20 years, many things have changed, things that insurance companies should be prepared for. At Marcadis Singer, that is what you’ll get. The lawyers here are experienced when it comes to subrogation in the state of Florida. The methods used to successfully recover include not only hard negotiation to avoid suit costs when collection but also preparation of trial if a suit is involved. These methods help ensure full recovery, whatever the case may be.
If you have lost property or an automobile, call us and we can help you with your recovery.
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