(a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.
(b) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a) of this section.
(c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of: (1) The issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant; (2) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and (3) the applicant to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.
(d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) of this section do not arise until the issuer honors the letter of credit or otherwise pays and the rights in subsection (c) of this section do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense or excuse.
(1959, P.A. 133, S. 5-117; P.A. 96-198, S. 17; June Sp. Sess. P.A. 98-1, S. 32, 121.)
History: P.A. 96-198 entirely replaced former provisions re insolvency of a bank holding funds for documentary credit with provisions re subrogation; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (b), effective June 24, 1998.
Cited. 173 C. 492.
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Section 42a-5-101. - Short title: Uniform Commercial Code–Letters of Credit.
Section 42a-5-102. - Definitions.
Section 42a-5-104. - Formal requirements.
Section 42a-5-105. - Consideration.
Section 42a-5-106. - Issuance, amendment, cancellation and duration.
Section 42a-5-107. - Confirmer, nominated person and adviser.
Section 42a-5-108. - Issuer's rights and obligations.
Section 42a-5-109. - Fraud and forgery.
Section 42a-5-110. - Warranties.
Section 42a-5-111. - Remedies.
Section 42a-5-112. - Transfer of letter of credit.
Section 42a-5-113. - Transfer by operation of law.
Section 42a-5-114. - Assignment of proceeds.
Section 42a-5-115. - Statute of limitations.
Section 42a-5-116. - Choice of law and forum.
Section 42a-5-117. - Subrogation of issuer, applicant and nominated person.
Section 42a-5-118. - Security interest of issuer or nominated person.