Houseguest Who Causes Fire Not Subject to Subrogation.

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Presentation transcript:

Houseguest Who Causes Fire Not Subject to Subrogation

A houseguest to be liable to an insurance company that paid for the loss suffered by the homeowner due to a fire started by the negligence of the houseguest. There is no right of subrogation in such instance.

Subrogation: The substitution of one person or group by another in respect of a debt or insurance claim, accompanied by the transfer of any associated rights and duties. Houseguest: A guest staying for some days in a private house.

Decision Conventional subrogation is close to the principle of assignment and arises only by agreement between two parties when one, under no obligation to do so, pays the debt of another. Equitable subrogation arises in equity to promote justice. It will not be allowed in a case where the negligence of a houseguest causes damage to the property of an insured homeowner

By: Harry Kubek

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