Estructura y Cláusulas de la PólizaPregunta 525 de 531
After a driver damages the insured's fence, the insured signs a paper releasing that driver from all claims and then files with his own insurer. The effect is that:
a.The release transfers to the insurer on payment
b.The insurer's recovery right has been impaired
c.The insurer must still pay and pursue the driver
d.The driver's insurer now owes the whole loss
Explicación
The subrogation condition requires the insured to do nothing after a loss that would prejudice the insurer's right to step into his shoes and recover from the party at fault. Signing a release destroys that right, and the insurer may reduce or deny the claim to the extent it was harmed. A waiver given before any loss can sometimes stand, but a release signed afterward cannot be handed on to the insurer.
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