CII Insurance Law (M05) Practice Test

Including an express subrogation clause in standard policy wordings offers numerous benefits to insurers, but the idea that it allows them to potentially recover an amount greater than the loss is misleading. Subrogation typically involves the insurer stepping into the shoes of the insured to recover amounts equivalent to what was paid out on a claim, rather than exceeding that amount. Insurers can recover costs from a third party whose negligence caused the loss, but they are generally limited to the actual financial loss incurred by the insured.

The other benefits linked to express subrogation clauses highlight their importance in risk management and efficiency in the claims process. For instance, quicker claims processes, enhanced subrogation rights, and better management of the overall risk portfolio are all significant aspects of utilizing such clauses. By streamlining the recovery of funds from third parties, insurers can efficiently handle claims and maintain financial stability, but this does not imply that they can seek amounts exceeding the original loss.