Subrogation, Equitable

1 Elements and Case Citations

1. Plaintiff is subrogated to the rights of the injured party (the “subrogee”);
2. The subrogee made the payment to protect his or her own interest,
3. The subrogee did not act as a volunteer,
4. The subrogee was not primarily liable for the debt,
5. The subrogee paid off the entire debt,
6. Subrogation would not work any injustice to the rights of a third party, and
7. As a result, the subrogee (party discharging the debt) stands in the shoes of the person whose claims have been discharged and thus succeeds to the right and priorities of the original creditor.

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