Legal & Jurisdiction

Anti-Subrogation Rule

The anti-subrogation rule bars an insurer from pursuing subrogation against its own insured, you cannot subrogate against the very party you insure.

An insurer cannot step into a claim to recover from a party that is itself an insured under the same policy; doing so would be recovering from its own customer. The rule commonly arises with additional insureds and co-insureds, and screening for it early prevents pursuing a claim that is barred from the start.