25. Subrogation
- Once the indemnity has been paid, and without need for any other assignment, transfer, deed or order, the insurer is subrogated to the rights, appeals and actions that, as a result of the loss, might correspond to the insured against all those individuals who perpetrated or were liable for the loss, including other insurers, should they exist, for up to the limit of the indemnity.
- 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, with his or her acts or omissions, he or she might cause to the insurer with regard to its right to subrogate.
- The insurer shall not be entitled to this 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 loss 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 adopted child that lives with the insured.
The terms of the preceeding paragraph shall have no effect when the liability for the loss stems from a fraudulent action or omission on the part of the insured or when said liability is covered by an insurance contract. In case of the latter, the subrogation shall be limited to the cover guaranteed by it.
- In case of concurrence of the insurer and the insured before a liable third party, any sum obtained shall be attributed to the titleholder of the respective right and, where both parties are titleholders, shall be divided between them in proportion to their respective interests.