26) When do subrogation rights apply with respect to Third Party Liability coverage?
When it pays a claim under 3rdparty liability coverage, MPI would assume subrogation rights. However they apply only where the loss, damage, injury, or death for which the Corporation has paid or has assumed liability to pay benefits or insurance moneys is caused or contributed to by the fault of:
a) A person who, at the material time, was driving a motor vehicle
1). While not qualified to drive a motor vehicle; or
2). While not authorized by law to drive a motor vehicle; or
3). That was not designated in an unexpired owner’s certificate; or
4). That was towing an unregistered trailer that was required to be registered under The Drivers and Vehicles Act; or
5). While under the influence of intoxicating liquor or drugs to such an extent as to be for the time being incapable of the proper control of the motor vehicle; or
b) A person who, at the material time, was driving or operating a motor vehicle or trailer without the consent, express or implied, of the owner;
c) A person whose fault did not consist of acts or ommissions in the ownership, use, or operation of a motor vehicle or trailer; or
d) A person who is not the owner of a vehicle causing the loss, damage, injury, or death or sustaining the loss or damage who is engaged in the business of selling, repairing, servicing, storing, or parking automobiles or the servant or agent of any such person.