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Перевод: subrogation

[существительное]
суброгация

Тезаурус:

1. 7.9.4 to produce to the Tenant on demand written confirmation from the insurers that they have agreed to waive all rights of subrogation against the Tenant It is essential that covenants of this nature should be included except where insurance is to be in the joint names of the landlord and tenant.
2. The landlord should either obtain from the insurers a waiver of subrogation rights as regards the tenant, any undertenant and their mortgagees, or if that is not possible or practicable then the landlord should endeavour to note their interests on the policy.
3. Finally, the insurer will be concerned to see that the vendor has not waived or limited its rights of subrogation.
4. A clear waiver of subrogation rights issued by the insurers is obviously preferred, but it is generally accepted that the noting of interests will have the same effect, although there is no guarantee of this.
5. Even if the consumer can cover the risk by insurance, the position is much more complicated for him, and his insurers are going to be less likely to waive their rights of subrogation, without which his assumption of liability and his taking on of the insurance for the risk will not work.
6. Once we have paid the claim, consideration should be given to pursuing recovery against the Third Party, by way of the Subrogation condition in the policy.
7. I don't know what happens about any other consultants who may be engaged but I suspect there will be no waiver of subrogation against those firms.
8. 7.9.2 to procure either that the interest of the Tenant and any undertenant and its or their mortgagees are noted or indorsed on the policy or that the insurers issue a waiver of subrogation rights as regards the Tenant any undertenant and its or their mortgagees
9. SUBROGATION
10. (Also, just because of the difficulty of proving who caused the damage, fire insurers generally find it easier to give the necessary consent to waiver of their subrogation rights, without which the arrangements could not work.)
11. This is in order to try to avoid the effects of subrogation, viz where the insurer pays out money to the landlord under an insurance policy he will be subrogated to any rights the landlord may have against the tenant for breaches of covenant which may have given rise to the damage or destruction.
12. 7.2 Landlord to insure The Landlord covenants with the Tenant to insure the Premises and the Retained Parts subject to the Tenant paying the Insurance Rent unless such insurance shall be vitiated by any act of the Tenant or by anyone at the Premises expressly or by implication with the Tenant's authority and under the Tenant's control While it would be preferable for the insurance to be in the joint names of the landlord and the tenant in order to give the tenant more control over the insurance and to avoid the problem of subrogation referred to below, landlords tend to resist this, presumably on the basis that they wish to retain absolute control and not rely on the tenant in any way as regards the insurance cover.
13. Nevertheless, this case turned on a question of construction without any general statement of principle being expounded, and it would therefore seem sensible that a tenant should try to ensure that subrogation rights are avoided wherever possible.