Liberty accident insurance ( Castellano )
21. Subrogation ( Contents )
- Even after having paid the indemnity, the insurer may not subrogate the rights which correspond to the insured against a third party as a result of the claim. An exemption shall be made to that set forth in the last paragraph in relation to the cover of health care expenses due to an accident.
- The insurer may not exercise the rights it has subrogated in detriment to the insured.
- The insured shall answer to the insurer for the damages that might have been caused to the insurer with its right to subrogate due to the insured's acts or omissions.
- The insurer will not be entitled to subrogation against any party whose acts or omissions might lead to liability on the part of the insured in accordance with the law, nor against the party that caused the claim when said party is a direct or indirect relative of the insured, up to the third civil degree of kinship, or an adoptive parent or child that lives with the insured.
The terms of the preceding paragraph shall have no effect when the liability for the claim stems from a fraudulent action or omission on the part of the insured or when said liability is covered by an insurance contract. In this second instance, the subrogation shall be limited to the coverage it guarantees.
22. Termination and nullity of the contract