Topic
Subrogation
278 published works
Boom: The ERISA Law Blog
ERISA: Seven Tips on Whether Equitable Defenses Can Defeat Subrogation Claims for Overpayment After Tort Settlement
By Mike Reilly
ERISA plans and related disability or health policies contain language granting the right to reimbursement of overpayments made to the claimant. Overpayments usually occur when the claimant receives lump sum…
Insurance Law Hawaii
Implied Contract Survives Motion to Dismiss in Subrogation Action
The defendant's motion to dismiss an implied contract claim in a subrogation action was denied. Cumis Ins. Soc'y v. Count, 2018 U.S. Dist. LEXIS 118380 (D. Haw. July 16, 2018). Cumis…
Pennsylvania Labor & Employment Blog
Supreme Court Issues New Ruling on Workers’ Compensation Subrogation Reimbursement
By Erica Townes
In a recent case, decided on June 19, the Supreme Court of Pennsylvania granted appeal to clarify the scope of subrogation reimbursement under the Pennsylvania Workers Compensation Act (the “Act”).…
Keeping It Real Estate
Whose shoes? What subrogation means and why it matters
By Simon Keen
Subrogation is a well-known principle of insurance law, which also affects real estate. It means that an insurer who has settled a claim may then "step into the shoes" of…
Insurance
Statute of Repose and Insurance Company Construction Projects
A contractor’s “preferred contractor” relationship with an insurance company does not necessarily mean the insurance company can recover under a breach of contract theory when it seeks relief in subrogation…
Condominium Insurance Law
Puerto Rico: Liability of Unit Owners When Damages Extend to Common Areas of Condominium vs Subrogation Clauses
When damages occur in condominiums a frequent dispute is how to determine if damages will be covered under the unit owner’s insurance policy or under the Board’s insurance policy for…
The Energy Law Blog
United States Fifth Circuit Confirms Remedies Available to Subrogated Insurer
On July 7, 2017, the United States Fifth Circuit Court of Appeal, in Associated International Insurance Company v. Scottsdale Insurance Company, held that, under Texas law, the subrogation clause of…
Workers’ Compensation Law Prof Blog
Intersection of Workers’ Compensation and Worker’s Tort Action Expertly Reviewed by Law Student in New Article
The intersection of an injured employee’s workers’ compensation and third-party tort rights – how that interface works, and how the equities are best balanced – has long been the subject…
Insurance Law Hawaii
Hawaii Health Insurer Has No Equitable Subrogation Against Third-Party Tortfeasor
The Hawaii Supreme Court held that a health insurer did not have subrogation rights against third-party tortfeasors who caused injury to its insureds. Yukumoto v. Tawarahara, 2017 Haw. LEXIS…
Workers’ Compensation Law Prof Blog
Expert Panel Provides a Top-10 List of Practical Subrogation Essentials
A staple of risk management advice that lawyers have long given to claims professionals is that they should be serious about, and attentive to, the potential for subrogation on claims.…