Topic
Subrogation
278 published works
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…
TortsProf Blog
Subrogation and Liens at GW Law
A recent conference at the James Humphreys Center for Complex Litigation at George Washington addressed the complex issue of liens for medical expenses and subrogation. The conference chairs, Alan Morrison and Roger…
ContractsProf Blog
Hurricane Sandy and Art
Hurricane Sandy's flooding of the Red Hook section of Brooklyn damaged are in the Christie's warehouse located there, and provoked a rash of subrogation cases against Christie's, including AXA Art…
Benefit Notes
Time to Review Plan Subrogation Procedures, Part 2
By Stinson LLP
I blogged a few days ago about the U.S. Supreme Court decision making it harder for plans to recover from a third-party settlement fund for the amount the plan paid…
Benefit Notes
Time to Review Plan Subrogation Procedures
By Stinson LLP
Most self-funded ERISA medical plans provide that participants who have been injured by other people (think car accidents) must reimburse the plan if the participant recovers from the other person…
La Revue
Petite mise à jour sur la subrogation en droit des assurances
Cass. 2e civ., 10 septembre 2015, n°14-22.003 Cass. 3e.civ., 16 septembre 2015, n°14-20.276 Cass. com. 29 septembre 2015, n° de pourvoi 14-14.533 14-14.953 En application des articles L.121.12 du Code…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 10 – Volume 21 – Recovery From Third Party Tortfeasors – 2
By Barry Zalma
Recovery From Third Party Tortfeasors – 2 The operative language of the standard form subrogation receipts executed by plaintiffs “subrogates, assigns and transfers all of the rights, claims, demands and…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 10 – Volume 13 – Standing
By Barry Zalma
Standing Subrogation is the right of an insurer to take the place of its insured to pursue recovery from legally responsible third parties for losses paid to the insured by…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 10 – Volume 12 – Retaining a Subrogation Attorney – 2
By Barry Zalma
Retaining a Subrogation Attorney – 2 The contingency fee, with an insurer that can afford to pay hourly rates, is unfair to both the insurer and attorney. For the insurer,…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 10 – Volume 11 – Retaining a Subrogation Attorney
By Barry Zalma
Retaining a Subrogation Attorney If the subrogation claim cannot be resolved by persuasion, arbitration, or inter-company arbitration (if the responsible party is insured), the insurer must retain a attorney to…