Product Update

Case Law Interpreting the Antisubrogation Rule Discussed in Contractual Risk Transfer

Most cases involving the antisubrogation rule involve situations where multiple parties are insured on a single policy. In these situations, the antisubrogation rule is routinely applied. However, application of the antisubrogation rule is somewhat complicated where the same insurer insures two parties but under separate insurance policies. Even in this situation, many courts have exhibited a willingness to apply the antisubrogation rule, thus prohibiting an insurer from subrogating against its own insured, even though it may be mere happenstance that the party against which subrogation is sought is also insured by that same insurer. This Contractual Risk Transfer release contains an updated discussion of case law interpreting the antisubrogation rule in instances where two parties are insured under separate policies issued by the same insurer.

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