Topic
Subrogation
278 published works
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…
Employee Benefits Law Report
U.S. Airways, Inc. v. McCutchen: If you were the victim of a car accident, would you agree to a settlement that required you to pay?
We are anticipating the upcoming oral arguments (November 27) and decision in U.S. Airways, Inc. v. McCutchen, a case at the United States Supreme Court. This case involves a situation…
Pennsylvania Law Monitor
Negotiating Subrogation Claims
Subrogation can affect the amount of money that you recover after being injured in an accident. If you are able to successfully recover money damages from the person responsible for…
Benefit Notes
Self-Funded Plans Need to be Careful in Enforcing Subrogation Rights
By Stinson LLP
A recent Eighth Circuit Court of Appeals decision considered the situation of a participant covered under a self‑funded ERISA plan who sustained injuries in a slip and fall accident. The…
Pennsylvania Law Monitor
What is subrogation?
After an insurance company has paid benefits to a person injured in an accident, subrogation refers to the process of the insurance company later seeking reimbursement from the person legally…
Class Actions Insider
Subrogation “Made Whole” Doctrine Class Action: Florida Federal Court Strikes Class Allegations
Last week, in my August 7, 2012 post, I reported on a new class action filed against AIG/Chartis involving the subrogation “made whole” doctrine. A recent Florida federal district court…
Beneficially Yours
Supreme Court To Resolve Circuit Split In Subrogation Case
By: Ron Kramer and Jim Goodfellow On Monday, June 25, 2012, the United States Supreme Court granted certiorari in U.S. Airways, Inc. v. McCutchen, a case we previously blogged about…
Property Insurance Coverage Law Blog
Subrogation Rights—Potential Danger Zone for Policyholder Coverage
By Chip Merlin
Policyholders naturally want to get their property back to a pre-loss condition as soon as possible after a loss. One potential problem involves preserving evidence to protect an insurance company’s…
Subrogation & Recovery Law Blog
Good, Bad or Ambivalence: The Litigation Detour of Judicial Reference under California Law
Property subrogation cases that proceed against developers and seller-builders of homes are suddenly apt to being diverted from judicially engaged litigation into the province of Judicial Reference pursuant to California…
Subrogation & Recovery Law Blog
Insurer’s Right to Contractual Subrogation Trumps Equitable Made-Whole Doctrine Yet Again in Texas
In Fortis Benefits v. Cantu, 234 S.W.3d 642 (Tex.2007), the Texas Supreme Court held that the “made whole” doctrine does not apply where the parties’ agreed contract provides a clear…