subrogation

My Subrogation Secret Sauce

Subrogation Cases Against Home InspectorsInsurance companies will sometimes pay a claim to a homeowner and THEN try to recover the financial losses from the home inspector through a process called subrogation.

In subrogation, one party succeeds to the rights of another either by law or by contract. In this process, the home inspection insurance company blames the home inspector for the issue at fault EVEN if the homeowner does NOT blame the home inspector.

There are a growing number of subrogation cases that involve a home inspector’s professional liability. However, these claims CAN be squashed, as they are just as meritless as many other home inspection claims.

I describe how to protect yourself and fight back against subrogation claims in this week’s video blog.
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Subrogation Claims Against Home Inspectors

To the ever expanding list of rent seekers that Home Inspectors have to fend off, please add insurance companies that have paid a first-party claim on behalf of a homeowner and then want to recover that payment from the home inspector through subrogation.

Subrogation is a legal concept whereby one party – the subrogee – succeeds to the rights of another – the subrogor – either by operation of law or by contract. The most familiar examples of this concept involve insurance companies that pay losses sustained by policyholders and then seek to recover those payments from tortfeasors that may be legally liable for the policyholder’s loss. The insurance company by virtue of its payment would succeed to the policyholder’s rights against the tortfeasor.

Thus, if an insurance company paid a collision loss on behalf of its policyholder who was not at fault in the accident, it can seek to recover that payment through subrogation from the driver who had actually caused the accident. Health insurance companies and workers compensation insurance companies who pay medical bills on behalf of their insureds will endeavor to recover those outlays from parties who may be legally responsible for causing their insureds’s injuries.
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