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58.010 Subrogation; Circumstances Creating Right
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Description
58.010 Subrogation; Circumstances Creating Right Subrogation is the substitution of another person in the place of the creditor. This other person succeeds to all the rights of the creditor, but subrogation occurs only in certain cases. Subrogation arises only in those cases in which a. the party claiming it advanced the money to pay a debt that, in the event of a default by the debtor, the party would have been bound to pay, b. the party has some interests to protect, or c. the party advanced the money under an agreement, express or implied, made either with the debtor or creditor that the party would be subrogated to the rights and remedies of the creditor. Lutes v. Warren, 146 Ga. 641 (1917) Gilbert v. Dunn, 218 Ga. 531, 533 (1962) Liberty Mutual Insurance Co. v. Alsco Construction Inc. et al., 144 Ga. App. 307, 309 (1977) A person who makes an advancement of money in payment of the debts of another without any assignment or agreement for subrogation and without any legal obligation to make such payment is not entitled to be subrogated to the rights of the creditors to whom payments have been made. Putney v. Bryan, 142 Ga. 118 (1914) Graves v. Carter, 208 Ga. 5, 6(3)(4) (1951)
