Principios Generales de SegurosPregunta 233 de 531
After a water loss, an insured signs a release of the plumbing contractor that caused it, then files the claim. The insurer may:
a.pay in full and still sue the released contractor
b.reduce or deny the claim, since its recovery right is gone
c.pay in full and then bill the insured for the recovery it lost
d.void the policy from its start date for material concealment
Explicación
Subrogation lets the insurer step into the insured's place and pursue the party at fault, and policy conditions require the insured to do nothing after a loss that impairs that right. A release given to the responsible contractor destroys the right, so the insurer can reduce or deny the claim to that extent. Suing the contractor anyway is not open to the insurer, because it can have no better claim than the insured it stands in for.
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