Topic
Subrogation
278 published works
Supreme Court Update
Lewis v. Clarke (15-1500), Coventry Health Care v. Nevils (16-149), Nelson v. Colorado (15-1256), Manrique v. United States (15-7250), Dean v. United States (15-9260) and Order List
The Nine wrapped up arguments for OT16 last week, so it's time to start playing catch-up. This Update will get us most of the way there, with summaries of: Lewis…
Health Law
Supreme Court: FEHBA Preempts State Subrogation Prohibitions
By Christine M. Clements, A. Xavier Baker
The U.S. Supreme Court unanimously decided, in Coventry Health Care of Missouri, Inc. v. Nevils, that the Federal Employees Health Benefits Act (FEHBA) preempts state laws that prohibit subrogation recovery…
Healthcare Law Insights
State Anti-Subrogation Law Is Preempted With Respect to Federal Employee Insurance Contract
Insurers providing health care benefits to federal employees can obtain reimbursement when their insured obtains a tort recovery, despite a state law prohibiting such reimbursement, based on the preemption provision…
La Revue
Conditions de la subrogation légale – analyse de l’arrêt du 8 décembre 2016 à l’aune de la réforme des contrats entrée en vigueur le 1er octobre 2016
Cass. civ. 2ème 8 décembre 2016, n° 15-27748 En avril 2001, un piéton est victime d’une chute causée par un chien dont le propriétaire n’a pas été identifié. Son état…
Restructuring Globalview
Third Party Funder Subrogated to IP’s Right to Payment of Fees
By Squire Patton Boggs, Devinder Singh
The availability of the remedy of subrogation has been explored at length by the courts recently. The leading authority of Bank of Cyprus Limited v Melenaou is thought to be…
New Jersey Insurance Coverage Litigation
The law of subrogation, and how it affects policyholders
By Gene Killian
“Subrogation” seems to be a simple concept. You suffer a loss. Your insurance company pays for the loss. Your insurance company then assumes your rights against the party that damaged…
Insurance Law Hawaii
Insurer’s Subrogation Rights Confirmed
The First Circuit reversed the District Court's holding that the insurer's subrogation rights were waived based on a clause in the condominium's bylaws. Pacific Indemnity Co. v. Deming, 2016 U.S.…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 16 Volume 31 – Subrogating Against Arsonist
By Barry Zalma
Subrogating Against Arsonist On occasion, an insurer faced with an arson claim will pay the insured for fear of a bad faith suit and then subrogate against the arsonist. This…
Construction Law Zone
Contractual Waiver of Subrogation Applied to Owner’s Non-Work Property
By Robinson+Cole's Construction Group
After an insurer pays for a covered loss by an owner under a property policy the insurer generally has the right, whether under the common law, statute or the policy…
Employment & Labor
Another SCOTUS subrogation decision, and another deep dive into equity treatises
There is a lot about ERISA litigation that is hard to understand, but perhaps the most opaque issue is subrogation, which is the law governing when and how plans can…