Topic
Subrogation
278 published works
Quiat on Claims
An ERISA Lien Is Not A Joke
Trying to duck a lien may be more trouble than it's worth
Boom: The ERISA Law Blog
ERISA (7th Cir.): Beneficiary and Attorney Who Ignore Subrogation Lien for Medical Bills Paid by ERISA Plan “Better Call Saul”
By Mike Reilly
You have seen this one before: The ERISA plan pays hundreds of thousands of dollars in medical bills and secures an equitable lien. Then, the ERISA plan beneficiary settles a…
GlobalTort
Initial Papers Filed by Health Insurers and Hospitals Plans Regarding Intent to Sue HK Porter Asbestos Trust for Subrogation
By Kirk Hartley
Last Friday, Daniel Fisher at Forbes reported on numerous health insurers and some hospital groups filing in Philadelphia state court various papers regarding a prospective suit against the HK Porter…
Subrogation & Recovery Law Blog
Ten Questions to Ask in Subrogation Cases Involving Leases, Rental Agreements and Other Contracts
By Kevin Bush
For many years sage advice from legal counsel, consumer advocates, and friends has been to “get it in writing.” In subrogation cases, what is “in writing” can have a substantial…
Litigation & Trial
Congress Slips In A Stealth Medicare/Medicaid Lawsuit Tax
Otto von Bismarck is credited with the saying, “Law and sausage are two things you do not want to see being made.” This might be unfair to current artisanal dry-cured…
The Northwest Policyholder
“Pay and Chase” Jeopardized by Court of Appeals
By Seth Row
Policyholders representing general contractors and developers frequently urge defending carriers to "pay and chase" - in other words, settle with the owner ("pay") and then subrogate against the subcontractors or…
InsureReinsure
UK: English High Court Considers the Impact of a Consultancy Agreement on the Policy of Insurance and the Right to Subrogation
In Rathbone Brothers Plc & Mr Michael Paul Egerton- Vernon v Novae Corporate Underwriting & Ors [2013] EWHC 3457 (Comm), Rathbone Brothers Plc (Rathbone) and Mr Michael Paul Egerton-Vernon (PEV)…
China Law Vision
To Go to Arbitration or Litigation in Subrogation Cases?
By AnJie Broad
Authored by Dr. Zhan Hao (zhanhao@anjielaw.com) One of the questions in China is whether an insurer should go to arbitration or litigation in subrogation cases. 1. The contradiction between bulks of insurance…
InsureReinsure
Connecticut Supreme Court Determines that the Make Whole Doctrine Does Not Apply to Insurance Policy Deductibles
The Connecticut Supreme Court, in a much anticipated subrogation decision, recently held that an insurer has priority over a policyholder in the context of a recovery for insurance policy deductible…
Property Insurance Coverage Law Blog
Insurance Policy Conditions (a/k/a/ Land Mines): Part 30 – Subrogation and Additional Insureds
I footnoted in last week’s post that this week’s post would address an insurer’s subrogation rights against an individual or entity listed as an additional insured in an insurance policy.…