1 Elements and Case Citations
- Plaintiff is subrogated to the rights of the injured party (the “subrogee”);
- The subrogee made the payment to protect his or her own interest,
- The subrogee did not act as a volunteer,
- The subrogee was not primarily liable for the debt,
- The subrogee paid off the entire debt,
- Subrogation would not work any injustice to the rights of a third party, and
- 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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