The insurer who has paid the insurance indemnity is subrogated, up to the amount of that indemnity, to the rights and actions of the insured against third parties who, by their act, have caused the loss giving rise to the insurer’s liability.
The insurer may be discharged, in whole or in part, from its liability to the insured, when subrogation can no longer be effected in favour of the insurer by the act of the insured.
Notwithstanding the preceding provisions, the insurer has no recourse against children, descendants, ascendants, direct relatives, servants, employees, workers or servants, and generally any person usually living in the insured’s household, except in the case of malice committed by one of these persons.