From a commerclal perspective, when an insurer is required to pay out under a policy, he will look to see if it is possible to recover either some or all of his losses from a third party. Accordingly, a clause is typically included in the contract for insurance which entitles the insurer to 'subrogation'. This means that the insurer is entitled to step into the shoes of the insured and pursue the third party whose negligence caused the insurer's loss.
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