General Insurance PrinciplesQuestion 182 of 474

Before her insurer paid the claim, an insured signed a paper releasing the neighbor whose burning trash spread to her garage. The likely result is:

a.the insurer may deny the claim to the extent subrogation was lost
b.the insurer must pay in full and then sue the neighbor anyway
c.the insured collects from both the insurer and the neighbor
d.the release is void because only insurers may settle a claim

Explanation

Subrogation lets the insurer step into the insured's shoes and recover from the party at fault, and the policy requires the insured to do nothing that impairs that right. Signing a release destroys the recovery, so the insurer can reduce or deny payment to that extent. Collecting from both the insurer and the wrongdoer would also breach indemnity by leaving the insured better off than before the fire.

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