Two business partners at Happy Accounting Limited suffered a loss. It was revealed that the loss was caused by one of the partners Mr.Hap. What options does the insurer have to recover for the loss paid?
The correct answer is B. No chance of recovery because an insurer generally cannot subrogate against its own insured . Subrogation allows an insurer, after paying a loss, to step into the shoes of the insured and pursue a responsible third party. However, that right does not normally extend against a person who is also an insured under the same policy .
In this question, the loss was caused by one of the business partners . In a partnership or closely held business context, a partner is commonly treated as part of the insured entity or as an insured person under the policy wording. Because of that, the insurer would usually have no recovery rights against that partner after paying the claim. That is why A. Subrogation is not the correct answer here. C. Waiver of subrogation is also incorrect because a waiver is a contractual surrender of a subrogation right that would otherwise exist; here, the issue is that the right generally does not arise against an insured in the first place. D. Negligence is not a recovery option; it is merely a basis of liability.
From a RIBO claims perspective, this question tests a core principle: subrogation is usually only available against third parties, not against the insurer’s own insureds .
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