Article 1856. Insurer’s recourse by subrogation into the rights towards the person liable for the loss

(1) The insurer which paid the insurance indemnity together with the mitigation costs if any, subrogates, to the extent of such amounts, in the right to seek indemnification from the third party liable for the loss unless the law or the contract provide otherwise.
(2) To the extent that the insured waives a right against such a third party in a way that prejudices the insurer’s right of subrogation, he shall forfeit his entitlement to indemnity in respect of the loss in question.
(3) The insurer shall not be entitled to exercise rights of subrogation against a member of the household of the policyholder or insured, a person in an equivalent social relationship to the policyholder or insured, or an employee of the policyholder or insured, except when it proves that the loss was caused by such a person intentionally or recklessly and with knowledge that the loss would probably result.
(4) The insurer shall not exercise its rights of subrogation to the detriment of the insured.
(5) The insurer may totally or partially waive the exercise of its right of subrogation against the third person liable for the loss if that person has itself seriously suffered, or against its hirs if the deceased died as a result of the occurrence of the insured event, as well as in other situations where the waiver is justified by the circumstances.