Topic
Subrogation
278 published works
Property Insurance Coverage Law Blog
Insurance Policy Conditions (a/k/a/ Land Mines): Part 29 – Subrogation
Most insurance policies contain a subrogation condition. Subrogation is “[t]he principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights…
British Columbia Insurance Blog
Subcontractors may not benefit from a third party lease.
Defendant construction company could not benefit from a clause in a lease between the plaintiff lessee and a third party lessor requiring plaintiff to obtain construction insurance to defeat a…
New York Attorney Malpractice Blog
Insurance Company Claims Malpractice Against Its Attorney
In this subrogation case, an insurance company has successfully pleaded fraud and legal malpractice. The insurance company plaintiff proceeded in the subrogation and alleged that legal malpractice was committed in…
Legal Profession Blog
Cheating The Gekko
The Illinois Review Board has recommended a three month suspension for misconduct in connection with the following circumstances:...in approximately 1996, Respondent leased a 1996 Toyota 4Runner through Bank of America…
Boom: The ERISA Law Blog
Subrogation Claims are “Equitable Relief” Governed by ERISA
By Mike Reilly
That subrogation claim you have might be governed by ERISA, at least in some circuits… Here’s the case of Thurber v. Aetna Life Insurance Company, __F.3d__ (2nd Cir. March 13,…
British Columbia Insurance Blog
An insurer has 6 years to file a claim against an insured for reimbursement of proceeds
The application by an insured under a long term disability policy ("Catalano") to dismiss an action by the disability insurer ("Sun Life") seeking to recover insurance monies pursuant to a…
British Columbia Insurance Blog
The right to subrogate parrallels the right of the insured to recover damages
An insurer may not bring a subrogated claim against an employee of an insured where the insured has no right to claim against the employee. Portage La Prairie Mutual Insurance…
Boom: The ERISA Law Blog
Tomorrow U.S. Supreme Court Hears Whether Equitable Defenses Can Preclude ERISA Plan Subrogation Rights
By Mike Reilly
Many ERISA plans contain “subrogation” or “reimbursement” provisions. Can equitable defenses change the Plan’s reimbursement rights? You need to know about US Airways Inc. v. McCutchen -- a critical case…
InsureReinsure
Europe: The Opinion of the Advocate General on applicability of choice of law clauses in the context of subrogated claims
In Refcomp SpA v Axa Corporate Solutions Assurance SA [Case C-543/10], the Advocate General of the Court of Justice of the European Union (CJEU, previously known as the European Court…
Employment & Labor
Participant’s Attorneys Are Not Responsible For Subrogation Unless They Specifically Agree
In Treas., Trustees of Drury Industries, Inc. Health Care Plan and Trust v. Goding, 692 F.3d 888 (8th Cir. 2012), Goding, a plan participant, received benefits under Drury’s health care…