Topic
Subrogation
278 published works
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 10 – Volume 10 – Statutory Rights of Subrogation
By Barry Zalma
Statutory Rights of Subrogation Texas law recognizes three sources of subrogation rights: equitable, contractual, and statutory. (Fortis Benefits v. Cantu, 243 S.W.3d 642, 648— 49 (Tex. 2007).) A statute may…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 10 – Volume 7 – Cases With Subrogation Potential
By Barry Zalma
Cases With Subrogation Potential There is subrogation potential to the insurer on nearly every loss the adjuster investigates, no matter how slim the chances of collecting from the other party.…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 10 – Volume 2 – Subrogation-2
By Barry Zalma
Subrogation-2 As early as 1888, the US Supreme Court found that equitable subrogation was a well-recognized doctrine. The Supreme Court stated the historical rule that: “The Equitable assignee of a…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 10 – Volume 1 – Subrogation
By Barry Zalma
Subrogation The equitable doctrine of subrogation places the subrogee in the precise position of the one whose rights are subrogated. Subrogation is the remedy called into existence for the purpose…
Employment Law Landscape
Supreme Court Tells Insurers Not to Twiddle Their Thumbs
By Tess J. Ferrera, Jeremy T. Coffey
The early bird really does get the best end of the deal, according to a new U.S. Supreme Court decision interpreting who is entitled to share in litigation awards. Montanile v.…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 7 – Volume 54 – Write the Captioned Report – 4
By Barry Zalma
Write the Captioned Report – 4 Subrogation This requires a comment as to why subrogation is or is not involved. An insurer, by reason of its payment to, or on…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 7 – Volume 22 – Write the Captioned Report – 7
By Barry Zalma
Write the Captioned Report – 7 Subrogation and Salvage This caption requires the adjuster to comment as to why subrogation is or is not involved. A right to recover under…
Pensions and Benefits
US Supreme Court to rule on right of reimbursement for ERISA plans
“Subrogation.” This is the last word a plaintiff in a personal injury action wants to hear. It refers to an insurance company’s right to stand in – or alongside –…
Zalma's Insurance 101 Videoblog
Insurance 101 – Volume 44 – Full or Partial Assignment of Mortgage Debt
By Barry Zalma
Full or Partial Assignment of Mortgage Debt The language of the subrogation provision, which requires the insurer to make full payment to the mortgagee in order for the insurer to…
Zalma's Insurance 101 Videoblog
Insurance 101 – Volume 43 – Subrogation
By Barry Zalma
Subrogation “Subrogate” means “substitute.” When an insurer pays a claim on behalf of the insured it substitutes its money for that of the insured. An insurer who pays indemnity to…