Article 10:101 Subrogation

Subject to para. 3 the insurer shall be entitled to exercise rights of subrogation against a third party liable for the loss to the extent that it has indemnified the insured.

To the extent that the insured waives a right against such a third party in a way that prejudices the insurer's right of subrogation, he shall forfeit his entitlement to indemnity in respect of the loss in question.

The insurer shall not be entitled to exercise rights of subrogation against a member of the household of the policyholder or insured, a person in an equivalent social relationship to the policyholder or insured, or an employee of the policyholder or insured, except when it proves that the loss was caused by such a person intentionally or recklessly and with knowledge that the loss would probably result.

The insurer shall not exercise its rights of subrogation to the detriment of the insured.