Topic
Subrogation
278 published works
CAFA Law Blog
Barking Dog Gets The Bread: Deadline for Local Controversy Exception
Calingo v. Meridian Resources Co., LLC, 7:11-cv-628 (VB), 2011 WL 3611319 (S.D.N.Y. Aug. 16, 2011). In this case, a District Court New York held that the local controversy exception is…
British Columbia Insurance Blog
A person who drives a vehicle under the mistaken belief that the owner may think it is ok may be found to have operated the vehicle with the implied consent of the owner.
Subrogated action for damages caused to the insured’s vehicle was dismissed on the basis that the defendant had implied consent to use the vehicle and, as a result, was an…
Legal Profession Blog
Probation Rather Than Suspension
The Nebraska Supreme Court imposed probation of two years in a matter involving failure to pay State Farm for its subrogation interest in the proceeds of a personal injury settlement. The…
Class Actions Insider
Medical Payments Under Auto Policies: New Class Action Filing Against Nationwide
I came across an interesting new class action suit against Nationwide, filed in the Northern District of Ohio on May 5, 2011. The complaint in Roche v. Nationwide Mutual Insurance…
New Jersey Law Blog
Insurance Subrogation – Why You Must Know Its Meaning and If It Exists in the Policy
A waiver of subrogation in insurance policies for associations is always a thing of mystery. However, a recent case occurred that I believe requires community association managers and boards to…
InsureReinsure
UK: Court of Appeal – Subrogation and Conditional Fee Agreements
In D Sousa v London Borough of Waltham Forest Council [2011] EWCA Civ 194 the Court of Appeal upheld an insurer's right to recover a success fee paid under a…
British Columbia Insurance Blog
A lessee may sue for property damagers even if the lease required the leasee to insure the damaged property
A covenant to insure contained in a contract of bailment does not act as a bar to subrogation against the bailor with respect to damage to the bailed property. Kruger…
Property Insurance Coverage Law Blog
Insurance Subrogation Challenges for Insurers and Policyholders
By Chip Merlin
I will be speaking in an upcoming live web seminar entitled "Insurance Subrogation Challenges for Insurers and Policyholders" scheduled for Tuesday, November 16, 1:00pm-2:30pm EST. The scope of an insurer's…
British Columbia Insurance Blog
Full indemnity extinguishes any right for further recovery by an insured or an insurer.
The appeal by two Insurers from a decision allowing Cameco Corp. ("Cameco") to amend its action to pursue a subrogated claim on behalf of a third Insurer was allowed where…
TortsProf Blog
Personal Injury Roundup No. 83 (10/8/10)
New SuitsOver a 100 negligence suits filed against St. Joseph Medical Center (Baltimore) on Tuesday alleging unnecessary heart-related procedures. (WJZ 13)AppealsSecond Circuit issues summary affirmances in eight Zyprexa dismissals. (Drug…