When an insurer pays an insurance claim, it becomes subrogated to the rights of its insured. The rights of the insurer, however, are no greater than the rights of its insured. Thus, any defenses that a potentially responsible party could assert against the insured can be asserted against the insurer. It is not uncommon for… Continue reading Slow Down: Waiver of Subrogation Clause Does Not Bar Claim Against Co-Tenant