6Employer subrogated to rights of employee under insurance policy

#### 6 Employer subrogated to rights of employee under insurance policy 6 Employer subrogated to rights of employee under insurance policy > > (1) If: > > > > > (a) an employer is proceeded against for the tort of his or her employee, and > > > > > (b) the employee is entitled under a policy of insurance to be indemnified in respect of liability that the employee may incur in respect of that tort, > > > > the employer is subrogated to the rights of the employee under that policy in respect of the liability incurred by the employer arising from the commission of the tort. > > > (2) In this section, insurance includes indemnity.