Confirmed by a decision in the French Supreme Court, an insured must express its intention to pursue a subrogated recovery on behalf of the insurer at or before payment. Insurers will need to take a series of steps to ensure that their position is protected and reduce the risk of having a subrogated claim rejected. Insurers should ensure that written subrogation agreements are obtained from policyholders before the making of payments. Further, insurers should include clear provisions in their policies and ensure that their employees and representatives are familiar with the requirements of a valid subrogation agreement. Failure to do so could risk financial losses for insurers.