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Topic

Subrogation

278 published works

  1. Employment & Labor

    Participant’s Attorneys Are Not Responsible For Subrogation Unless They Specifically Agree

    By Patrick Begos

    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…

  2. 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?

    By Porter Wright

    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…

  3. Pennsylvania Law Monitor

    Negotiating Subrogation Claims

    By Stark & Stark

    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…

  4. 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…

  5. Pennsylvania Law Monitor

    What is subrogation?

    By Stark & Stark

    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…

  6. Class Actions Insider

    Subrogation “Made Whole” Doctrine Class Action: Florida Federal Court Strikes Class Allegations

    By Wystan Ackerman

    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…

  7. Beneficially Yours

    Supreme Court To Resolve Circuit Split In Subrogation Case

    By Seyfarth Shaw LLP

    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…

  8. 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…

  9. Subrogation & Recovery Law Blog

    Good, Bad or Ambivalence: The Litigation Detour of Judicial Reference under California Law

    By Ned E. Tolbert

    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…

  10. Subrogation & Recovery Law Blog

    Insurer’s Right to Contractual Subrogation Trumps Equitable Made-Whole Doctrine Yet Again in Texas

    By Jason S. Schulze

    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…