Topic
Subrogation
278 published works
British Columbia Insurance Blog
A landlord may not be able to sue their tenant for a fire loss
When a landlord leases property to a tenant, the lease typically stipulates that the tenant pay for, or obtain, fire insurance. If a fire occurs and the landlord recovers property…
British Columbia Insurance Blog
Subrogated automobile claims may be brought in Ontario for property damage.
The cargo insurer of a trailer damaged in a motor-vehicle accident was entitled to bring a subrogated action in the name of the insured against the defendant driver notwithstanding the…
Pennsylvania Labor & Employment Blog
Sue your Employee?: Self-Insured Health Plans Reimbursement Actions have Public Relations and Legal Concerns
By Suzan Kern
Self-insured medical plans typically contain “subrogation clauses” that allow the plan to claim reimbursement from a personal injury recovery of a participant. The self-insured plan’s reimbursement right exists even if state…
New York Attorney Malpractice Blog
Excess Carriers and the Insured’s Attorney in Legal Malpractice
Here is an Indiana Case in which the concept of equitable subrogation is attempted in a legal malpractice case. Here, insurer seeking equitable subrogation loses. In Queerey & Harrow LTD v. Transcontinental…
Med Law Blog
Health Plan Subrogation Services
TUCKER ARENSBERG HEALTH PLAN SUBROGATION SERVICES Aggressive Subrogation Saves on Health Plan Costs. An aggressive subrogation program can save your business money on health plan costs. Tucker Arensberg has handled…
New York Attorney Malpractice Blog
Subrogation Rights in Legal Malpractice
Insurers who pay insureds for medical costs, or for damages sometimes seek the right to share in the proceeds of the insured's cases. If an insured gets medical insurance coverage…
British Columbia Insurance Blog
A duty to defend arises from a reasonable probability of coverage. The duty to defend exists even if there is no possiblity that the defendant will be liable for damages.
Where it is reasonably probable that a defendant in a subrogated action is an insured under the policy which gave rise to the right of subrogation, the insurer bears a…
British Columbia Insurance Blog
Subrogation rights can be contractually limited.
Where a commercial lease purports to limit the lessor's liability by curtailing the subrogation rights of an insurer of the lessee, the lease will prevail as a complete defence to…
British Columbia Insurance Blog
Expenses incurred through the medical services plan (MSP) or from a hospital are likely not recoverable in British Columbia
Can a person claim for expenses incurred under the medical services plan (MSP) or expenses paid by a hospital in a claim in British Columbia? The short answer is probably…
British Columbia Insurance Blog
A builder’s risk policy provides coverage to an entire structure, even if the builder is only providing an extension to a large existing structure.
When a contractor expands an existing structure, the contractor's insurance extends to the entire existing structure, such that an explosion caused by a contractor working on the expansion, that damages…