• Legal subrogation usu. arises when (1) the paying party has a liability, claim, or fiduciary relationship with the debtor, (2) the party pays to fulfill a legal duty or because of public policy, (3) the paying party is a secondary debtor, (4) the paying party is a surety, or (5) the party pays to protect its own rights or property.
— Also termed equitable subrogation. [Cases: Subrogation 1–25. C.J.S. Subrogation §§ 2–16, 18–19, 23–63, 68–76, 83–86, 88–91.]