- Find Attorney
Antisubrogation rule is a legal principle under insurance law that states that an insurance carrier has no right of subrogation. An insurance carrier has no right to assert a claim on behalf of an insured. An insurance carrier does not have the right to demand payments made under the insurance policy against his/her insured party for the risk covered by the insurance policy.
Generally, a right to indemnity arises from the equitable principle that a wrongdoer ought to bear responsibility for the loss. However, the antisubrogation rule precludes an insurer from being subrogated to a claim against its own insured, at least where the loss involved is one which the insurance policy was intended to cover.[Maheu v. Long Island R.R., 188 Misc. 2d 414, 417 (N.Y. Sup. Ct. 2001)].