Topic
Subrogation
278 published works
Chicago Business Litigation Lawyer Blog
Travelers v. ArcelorMittal Court Affirms Grant of Summary Judgment for Insurer in Breach of Insurance Contract Dispute — Chicago and Oak Brook Breach of Contract Attorneys
By Peter S. Lubin, Patrick Austermuehle
Where an agreement between two corporations specified that the parties were required to obtain subrogation waivers for enumerated insurance policies, and the claim was later made to the insurance company…
Zalma on Insurance
Insurer may Subrogate Against Insurer’s Policy Aquired under MSA
By Barry Zalma
Right to Subrogation Under Master Service Agreement Master Service Agreements usually transfer the risk of losses from one party to the other and from one party’s insurer – adding the…
Zalma on Insurance
Insurer may Subrogate Against Insurer’s Policy Aquired under MSA
By Barry Zalma
Right to Subrogation Under Master Service Agreement Master Service Agreements usually transfer the risk of losses from one party to the other and from one party’s insurer – adding the…
Zalma on Insurance
You Can’t Change the Terms of a Contract by Argument on Appeal
By Barry Zalma
Specific Requirements for Waiver of Subrogation Don’t Cover Every Possible Insurance Policy People write contracts containing insurance provisions without sufficient knowledge of insurance. As a result they attempt to have…
California Construction Law Blog
Insurer Barred From Bringing Subrogation Action on Behalf of Suspended Insured
By Garret Murai
By Garret Murai, January 24, 2019 Attribution not required. It’s commonly stated that when it comes to subrogation actions, where an insurer seeks reimbursements from responsible third parties for claims…
Alabama Workers' Comp Blawg
Alabama Supreme Court Addresses Intervenor Rights When Third Party Lawsuit is Dismissed Against Plaintiff
By Michael Fish
On January 4, 2019, the Alabama Supreme Court released its opinion in Ace American Insurance Company v. Rouse’s Enterprises, LLC d/b/a Rouses Markets wherein it reversed a trial court’s order…
Zalma on Insurance
Never Lie to An Insurance Company
By Barry Zalma
Depriving an Insurer of its Subrogation Rights is Fatal to a UIM Claim It is axiomatic that an insurer – unless waived in writing – has a right to subrogate…
Insurance Coverage Law in Massachusetts
Massachusetts Appeals Court holds that tortfeasor’s insurer’s payment to homeowner whose house is an insured location under the policy offsets tort judgment aganst insured
By Nina Kallen
Williams & Son installed and serviced an oil tank in Shirley Gilbody's house. After an oil spill, Bunker Hill Insurance Company, Gilbody's homeowner's insurer, paid for full remediation of the…
Zalma on Insurance
No Right of Subrogation Against an “Insured”
By Barry Zalma
Anti-Subrogation Defeats Suit Subrogation is a very important equitable remedy available to an insurer to allow it to recover from a third party tort-feasor or a person with a contractual…
Zalma on Insurance
Made Whole Doctrine Does not Apply to a Self Insured Retention
By Barry Zalma
Subrogation Recovery Only to Insurer who Paid a Claim A self insured retention (SIR) is a contractual device that allows an insurer to insurer excess liability of an insured without…