§ 327.43 Insurance and other subrogated claims.

(a) The claims of an insured (subrogor) and an insurer (subrogee) for damages arising out of the same incident constitute a single claim. (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 must 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; and (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 must substantiate an interest or right to file a claim by appropriate documentary evidence and 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. MARAD will make an independent determination on the issues of fact and law based upon the evidence of record.