Antisubrogationregler

Antisubrogationregler, or antisubrogation rules, are rules or contractual provisions that limit or prohibit the right of a party who has paid a claim to pursue subrogation against another party. Subrogation is the legal mechanism by which an insurer or payer steps into the shoes of the insured to recover the amount paid from a third party responsible for the loss. Antisubrogation rules restrict this right in specified circumstances, often to protect the insured, preserve contractual relationships, or allocate risk in a predictable way.

Purpose and rationale include preventing unfair shifts of risk, avoiding double recovery, and safeguarding allied parties from being pursued after indemnification. They can help maintain contractual relationships and ensure certainty about who bears liability in a given arrangement.

Mechanisms typically involve no-subrogation clauses in contracts or endorsements in insurance policies, sometimes supported by statutory or regulatory rules. Such clauses may bar recovery from certain classes of third parties or require consent before pursuing subrogation. Enforceability varies by jurisdiction and context, but many systems treat these provisions as valid contract terms when consistent with policy terms and public policy.

Contexts where antisubrogation rules appear include property, auto, and health insurance; construction and professional liability projects; and employment or benefit plans where multiple parties share liability or where payment has already been provided under another scheme. Critics argue that they can reduce incentives to identify fault and leave gaps in recovery, while supporters view them as necessary tools for predictable risk allocation and contract stability.

See also: subrogation, indemnity, no-subrogation clause.