Topic
Subrogation
278 published works
Legal Profession Blog
You’ve Got To Pay The Gekko
An Illinois Hearing Board has recommended a three-month suspension of an attorrney who receive a payment from GEICO for the destruction of his Toyota and thereafter failed to advise the…
British Columbia Insurance Blog
The Nova Scotia Health Services Act permits the government to pursue nursing home care costs from injuries arising from an MVA
The Nova Scotia Court of Appeal upheld a decision finding that the provisions of the Nova Scotia Health Services and Insurance Act permit the government to pursue nursing home care…
Employment & Labor
The Texas Shell Game – A Subrogation Story
An ERISA Plan Administrator’s subrogation rights are not the easiest thing in the world to determine. I’m not talking about the situation where the plan is making current payments to…
Employment & Labor
The Texas Shell Game – A Subrogation Story
An ERISA Plan Administrator’s subrogation rights are not the easiest thing in the world to determine. I’m not talking about the situation where the plan is making current payments to…
New Jersey Law Blog
When Doctrines Collide: The competing doctrines of subrogation and entire controversy
In the context of insurance, "subrogation" is when an insurance company files a claim to recover from a party causing a loss, after the insurance company has paid the policyholder…
British Columbia Insurance Blog
The employee of an insured may not be sued in negligence to recover funds paid to an insured.
An appeal from an order dismissing applications to strike out third party claims. The appeal was allowed. Howalta Electrical Services Inc. v. CDI Career Development Institutes Ltd., [2011] A.J. No. 1227,…
Litigation & Trial
Subrogation, Where Much Of The Hip Implant Settlement Money Will Go
We have a fair number of hip replacement lawsuits at the firm, so we follow all of the news related to them, including last week's article in the New York…
Class Actions Insider
Auto Subrogation Class Action Involving “Made Whole” Doctrine: Pennsylvania Supreme Court Upholds Dismissal
Insurance companies’ subrogation departments are rarely faced with class action lawsuits regarding their practices, but such cases occasionally arise. The Pennsylvania Supreme Court recently upheld the dismissal of a class…
British Columbia Insurance Blog
An insurer has carriage of his action even when the largest component of the claim has been subrogated to his insurer.
Insured which advanced claim for both uninsured loss and insured loss in subrogated claim was allowed to have carriage and control of action. Zurich Insurance Co. v. Ison T.H. Auto…
Day On Torts
The Common Fund Doctrine and Med Pay Claims
By John Day
The Alabama Court of Civil Appeals has ruled that the common fund doctrine applies to the determination of the payment of attorneys' fees when monies for payments made under medical…