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The Equitable Remedy of Subrogation



See the full video at https://www.rumble.com/zalma and at https://youtu.be/3ySaMge6o6k

Equity allows creative action for errors that do not fit within framework of traditional remedies or contractual means ( ie, with cash). The ancient maximum "for every fault there is a cure" (California Civil Code § 3523) applies to subrogation rights. The maximums were adopted by the common law of England and are invoked in all jurisdictions. In California, maxima were codified in its civil law.

The purpose of fair subrogation is "to prevent confiscation and unjust enrichment." [ Eastern Savings Bank, FSB v. Pappas 829 A.2d 953, 957 (D.C.2003)]

The roots of fair subrogation lie in the concept of correcting a mistake. In Hicks v. Londre 125 p.3d 452, 458 (Colo.2005), the Colorado Supreme Court ruled that fair subrogation is appropriate when mistakes are involved. [Joondeph v. Hicks, 235 P.3d 303 (Colo., 2010)]

Fair subrogation is a doctrine that allows one who has freed another's debt to succeed in the rights of the satisfied creditor. For example, if Creditor # 3 pays off a debt to Creditor # 1 by the same debtor, a fair subrogation would allow Creditor # 3 to jump ahead of Creditor # 2 in the repayment priority. The doctrine, which began in the English courts as a way for a creditor to seek repayment from a defaulting debtor, has been applied by the Delaware Court of Chancery for over a century. [] a profit center for an insurer as it can reduce or completely reimburse the insurer for money paid to an insured. Each injury examination must include an examination of the subrogation potential.


© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance claims handling, bad faith insurance and insurance fraud almost as much for policyholders and policyholders.

He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance and claims management attorney and more than 54 years in the insurance industry.

He is available at http://www.zalma.com and zalma@zalma.com. Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award. For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their indemnity staff to become insurance professionals.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos at https://www.rumble.com/zalma; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to Insurance Claims Library-https: //zalma.com/blog/insurance-claims-library/ T the last two issues of ZIFL are available at https://zalma.com/zalmas-insurance-fraud- letter -2 / podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4


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