Skip to content
REFERENCE
← All reference documents
v3.21 (Path B expansion v3.23)Published

SUBROGATION FRAMEWORK

After GIPL pays a claim, who bears ultimate responsibility? The framework architecture for upstream recovery pathways from AI model vendors, training data suppliers, platform operators, and infrastructure providers.

Document: CIP Subrogation Framework — Upstream Recovery PathwaysVersion: v3.21 (Path B expansion v3.23)Status: Published
§1

The architectural premise

Insurance subrogation allows the insurer, after paying a claim, to step into the insured's shoes and pursue recovery against the party ultimately responsible. In AI-IP claims, the upstream chain is unusually complex: the AI vendor, the training data aggregator, the cloud infrastructure provider, and the platform operator may all have contributed to the loss.

§2

The four upstream pathways

Pathway 1 — AI model vendor (the entity operating the model that generated the infringing output). Pathway 2 — Training data supplier (the entity that assembled or licensed the training corpus). Pathway 3 — Platform operator (the entity that deployed the model in a user-facing product). Pathway 4 — Infrastructure provider (cloud/compute provider, potentially liable under contributory infringement theories in some jurisdictions).

§3

Operational dependencies — what the framework supplies versus what it does not

The framework supplies: CIP-AI-Vendor field for identifying the model vendor, CIP-AI-Training-Data-Source for training data provenance, Output-Provenance Architecture for output chain documentation, and AI-IP risk-index factor-level scores for liability apportionment. The framework does not supply: legal opinions on subrogation viability, jurisdictional enforceability assessments, or quantum calculations.

§4

Integration with framework features

Integrates with GIPL Architecture (v3.8) for claims trigger, AI-IP Risk Architecture (v3.7) for liability apportionment factors, Output-Provenance Architecture (v3.17) for chain-of-causation documentation, and the AI Generation field set (v3.24) for vendor and model identification.

§5

Jurisdictional regime mapping

UK: Insurance Act 2015, Third Parties (Rights against Insurers) Act 2010. US: state-by-state subrogation law, made-whole doctrine variations. EU: national insurance law implementations, Rome I Regulation for cross-border disputes. Subrogation viability varies materially by jurisdiction.

§6

Worked subrogation case material

Worked examples tracing subrogation pathways through the framework's metadata infrastructure: voice-cloning claim traced to AI vendor via CIP-AI-Model field, training data copyright claim traced to data supplier via CIP-AI-Training-Data-Source, and platform liability claim traced via Output-Provenance chain.

Citation

CIP Subrogation Framework v3.21 (Path B expansion v3.23), https://creativeip.org/subrogation