Antisubrogation
Antisubrogation is a legal concept describing rules or contract provisions that limit or prohibit an insurer’s right of subrogation—the process by which an insurer that has paid a claim may pursue recovery from a third party responsible for the loss, or from other parties connected to the insured. Subrogation serves to shift the financial burden back to the party at fault, but antisubrogation rules restrict that recovery in specified circumstances.
Antisubrogation typically appears as explicit clauses in insurance policies or in related contracts. These clauses may
The policy rationale for antisubrogation is to prevent double recovery, protect indemnities provided by contracts or
Enforceability and scope vary by jurisdiction and policy language. Courts generally honor clear antisubrogation clauses when