Trinity Universal Insurance Company wrote a policy that did not expressly create an assignment of its policyholder’s future claims and, as a result, recovered only a fraction of the amount it paid to the policyholder. Had Trinity carefully drafted its policy to create an assignment of the insured’s claims, it might have recovered the entire amount from those responsible for the damages. For this reason, insurance companies need to understand the difference between assignment and subrogation. Furthermore, insured individuals need to understand this distinction so that they are aware of their own rights and obligations.
Jennifer A. Bueler,
Understanding the Difference between the Right to Subrogation and Assignment of an Inusrance Claim - Keisker v. Farmer,
68 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol68/iss4/5