Topic
Subrogation
278 published works
British Columbia Insurance Blog
The common law does not necessarily preclude an independent claim for funds paid by the insurer, even when the insured has resolved his or her claim in an earlier lawsuit.
A successful application by the Plaintiff to amend the pleadings to assert that a third party, an insurer who had indemnified them, was advancing a claim against the remaining defendant…
British Columbia Insurance Blog
Health authorities do not owe an insured a duty to settle their subrogated interest in their insured’s tort action.
The Court concluded that Manitoba Health did not owe the plaintiff contractual or fiduciary duty of care under the province's health legislation; however, it owed the plaintiff a private law…
Labor Law Prof Blog
Percy on ERISA Subrogation
Farish Percy (Mississippi) has just published in Florida Law Review an article on ERISA subrogation . Here's a great description of the basic problem:Imagine that you sustain brain injury when…
Legal Profession Blog
A Batch Of Dissents
The year of the West Virginia Supreme Court of Appeals has ended with a series (seven, by my count) of dissents and one reluctant concurrence from Justice Starcher. In a…
British Columbia Insurance Blog
A disability insurer cannot set off damages with a right of subrogration. A reimbursement clause may be necessary.
Successful appeal by the Insurer from a decision confirming the Insured's entitlement to past and future disability benefits under a group insurance policy. This case was summarized in the Lawyers…
Florida Insurance Blog
Nation Law Firm Victorious in Significantly Reducing Health Insurance Lien
By Mark Nation
Many times, when a lawyer for a personal injury victim settles his or her client's personal injury case, the health insurer will ask for a significant portion of the settlement…
InsureReinsure
Fifth Circuit Rejects Excess Insurer’s Temporal and Subject Matter Stacking Arguments
The United States Court of Appeals for the Fifth Circuit recently rejected an excess insurer’s arguments in favor of temporal and subject matter stacking and affirmed summary judgment dismissing its…
British Columbia Insurance Blog
If a landlord does not provide a tenant fire insurance he may be able to sue the tenant for damages caused by fire.
The court held that a landlord was not prevented by the terms of Offer to Lease from maintaining an action against its tenant for damages resulting from a fire caused…
InsureReinsure
Washington Appeals Court: Self-Insured Retention Not “Insurance” for Purposes of Subrogation
A Washington state appeals court recently ruled that an insured’s self-insured retention is not primary insurance for purposes of subrogation, and that the insured was therefore entitled to apply settlement…
Insurance Law Hawaii
Insurer not Bound by Insured’s Factually Deficient Discovery Responses in Subrogation Litigation
When an insurer pursues a subrogation claim, can the defendant rely on the insureds' factually deficient discovery responses in a motion for summary judgment? The court in Great…