89. An insurance contract may stipulate that the insured shall remain liable for a portion of the indemnity owed to the victim under a deductible coverage clause or otherwise; in such case, the insurer remains liable to the victim for the payment of the full indemnity, including the portion for which the insured remains liable under the contract.
The insurer is then subrogated in the rights of the victim against the insured for the portion the insurer has had to pay to the victim for which the insured remains liable under the contract.