Liberty Quality Home - house and contents insurance
CONTRACT BASES
Article 24 - Subrogation
* Once the indemnities have been paid, and without need for any other assignment, transfer, deed or order, the insurer is subrogated to the rights, appeals and actions that, as a result of the claim, corresponded previously to the insured, towards any individuals who perpetrated or were liable for the claim, including other insurers, if there are any, for up to the limit of the indemnity.
* The insurer may not exercise the rights it has subrogated in detriment to the insured.
* The insured shall answer to the insurer for the damages that, with his / her actions or omissions, he / she might cause to the insurer with regard to its right to subrogate.
* The insurer shall not be entitled to this subrogation against any party whose actions or omissions might lead to liability on the part of the insured in accordance with the law, nor against the party that caused the claim when said party is a direct or indirect relative of the insured, up to the third civil degree of kinship, or an adoptive parent or adopted child that lives with the insured.
The terms of the preceding paragraph shall have no effect when the liability for the claim stems from a fraudulent action or omission bythe insured or when said liability is covered by an insurance agreement. In case of the latter, the subrogation shall be limited to the cover guaranteed by it.
* In case of concurrence of the insurer and the insured before a liable third party, any sum obtained shall be attributed to the titleholder of the respective right and, where both parties and titleholders, shall be divided between them in proportion to their respective interests.