[ad. L. subrogātio, -ōnem, n. of action f. subrogāre to SUBROGATE. Cf. F. subrogation, Sp. subrogacion, Pg. subrogação and see SUBROGATION.]
† 1. Substitution. Obs.
1418–20. Lydg., Chron. Troy, IV. 334. [He] seide it was noon eleccioun, But a maner subrogacioun, Be-cause hym silfe in þe parlement At þe chesyng was nat þere present.
1611. Cotgr., Subrogation, a subrogation, substitution, deputation.
1648. Owen, Death of Death, III. x. 164. In the undergoing of death there was a subrogation of his person in the room and stead of ours.
1681. Baxter, Answ. Dodwell, 119. To alter Gods Universal laws by abrogation, subrogation, suspension, or dispensation.
2. Law. The substitution of one party for another as a creditor; the process by which a person who pays a debt for which another is liable succeeds to the rights of the creditor to whom he pays it; the right of such succession.
1710. J. Harris, Lex. Techn., II. Subrogation in the Civil Law, is putting another Person into the Place and Right of him, that in any case, is the proper Creditor.
1818. Colebrooke, Obligations, 120. A surety, paying a debt without requiring subrogation or cession of the creditor’s rights, has thereby extinguished the debt.
1866. Maclachlan, Arnould’s Marine Insur., III. vi. II. 875. The bottomry lender, who had become his creditor by the effect of this entire subrogation.
1910. Encycl. Brit. (ed. 11), XIV. 679/2. The payment of a partial loss gives the underwriter a similar subrogation but only in so far as the insured has been indemnified in accordance with law by such payment for the loss.
