# 33 CFR § 25.109: Insurance and other subrogated claims

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-33-25.109

## Section

- **Citation:** 33 CFR § 25.109
- **Heading:** Insurance and other subrogated claims
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 33—Navigation and Navigable Waters > CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY > SUBCHAPTER A—GENERAL > PART 25—CLAIMS > Subpart A—General

## Text

(a) The claims of an insured (subrogor) and an insurer (subrogee) for damages arising out of the same incident constitute a single claim. The total award of combined claims may not exceed the monetary jurisdiction of the settlement authority. If the total award of the combined claims exceeds, or is expected to exceed, a settlement authority's limits, the settlement authority is not permitted to consider either, and the claim file will be forwarded to an appropriate settlement authority.
(b) An insured (subrogor) and an insurer (subrogee) may file a claim jointly or separately. If the insurer has fully reimbursed the insured, payment will only be made to the insurer. If separate claims are filed, the settlement will be made payable to each claimant to the extent of that claimant's undisputed interest. If joint claims are filed, the settlement will be sent to the insurer.
(c) Each claimant shall include with a claim, a written disclosure concerning insurance coverage including:
(1) The names and addresses of all insurers;
(2) The kind and amount of insurance;
(3) The policy number;
(4) Whether a claim has been or will be presented to an insurer, and, if so, the amount of that claim; and whether the insurer has paid the claim in whole or in part, or has indicated payment will be made.
(d) Each subrogee shall substantiate an interest or right to file a claim by appropriate documentary evidence and shall support the claim as to liability and measure of damages in the same manner as required of any other claimant. Documentary evidence of payment to a subrogor does not constitute evidence of liability of the United States or conclusive evidence of the amount of damages. The settlement authority makes an independent determination on the issues of fact and law based upon the evidence of record.
(e) An insurance or other subrogated claim is not payable under Subpart E, F, or G of this part.

## Nearby sections

- [33 CFR § 25.101 § 25.101 Purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.101.md)
- [33 CFR § 25.103 § 25.103 Information and assistance.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.103.md)
- [33 CFR § 25.105 § 25.105 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.105.md)
- [33 CFR § 25.107 § 25.107 Who may present claims.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.107.md)
- [33 CFR § 25.109 § 25.109 Insurance and other subrogated claims.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.109.md)
- [33 CFR § 25.111 § 25.111 Action by claimant.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.111.md)
- [33 CFR § 25.113 § 25.113 Contents of claim.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.113.md)
- [33 CFR § 25.115 § 25.115 Evidence supporting a claim.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.115.md)
- [33 CFR § 25.117 § 25.117 Proof of amount claimed for personal injury or death.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.117.md)
- [33 CFR § 25.119 § 25.119 Proof of amount claimed for loss of, or damage to, property.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.119.md)
- [33 CFR § 25.121 § 25.121 Effect of other payments to claimant.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.121.md)
- [33 CFR § 25.123 § 25.123 Settlement and notice to claimant.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.123.md)
- [33 CFR § 25.125 § 25.125 Appeal.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.125.md)
- [33 CFR § 25.127 § 25.127 Reconsideration.](https://www.frixlaw.com/law-library/statutes/ecfr-33-25.127.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-33-25.109. Check the current official text before relying on it. Not legal advice.
