Topic
Subrogation
278 published works
Labor Law Prof Blog
Insurance Companies Expected to Seek Subrogation from 35W Relief Fund
Today's Minneapolis Star Tribune reports that insurance companies are expected to file subrogation claims against the fund that the State of Minnesota is creating to compensate victims of the Interstate…
British Columbia Insurance Blog
An insurer may recover all funds paid to an insured through subrogation, even if the insured does not recover all of the funds paid to her from the tortfeasor in the underlying lawsuit.
The Insured was unsuccessful in her appeal of the decision of the Summary Trial Judge finding that she was required to repay the Saskatchewan Health-Care Association (the "Association") for disability…
British Columbia Insurance Blog
A landlord may not be responsible for losses not covered by a tenant’s insurance policy – if the lease requires the tenant to obtain insurance
An insured whose loss is less than the deductible under its insurance policy may not turn to the lease to cover those losses. Here is the case citation: Lincoln Canada…
Construction Law
“Waiver of Subrogation” Clauses Do Not Bar Actions Arising Out of Gross Negligence or Violation of Statute or Regulation
By K&L Gates
Am. Ins. Co. v. Siena Constr. Co., 2007 WL 4711517 (Mass. Super. Ct. Dec. 24, 2007) In this case, the Superior Court considered two consolidated cases that both arose out…
Med Law Blog
Health Plan Subrogation – In the News
Health Plan Subrogation - In the News By Joni L. Landy, Esq. In a nutshell, subrogation is the right of a health plan to recover money it paid…
British Columbia Insurance Blog
An automobile insurer cannot bring a subrogated claim for property damage in Ontario.
Ontario’s “no-fault” regime prohibits all tort actions against a negligent party for recovery of property damage. This prohibition applies not only to claims of individuals, but also to subrogated claims brought…
Truck Injury Lawyer Blog
Health Insurance Companies Steal From Accident Victims
By Morgan Adams
Most people who pay for medical insurance think that all those premiums will pay for their medical treatment, in full, if they are ever hurt in an accident. Today's Wall Street…
British Columbia Insurance Blog
A public insurer may not be able to subrogate, from an out of province tort feasor, future benefits owed to an insured.
The public motor vehicle Insurer was not entitled to recover from non-resident tortfeasors only the amount of funds that had been paid to date. Future amounts payable to the injured…
Constructlaw®
Federal Circuit Court of Appeals Holds that a Payment Bond Surety that Discharges a Contractor’s Obligation to Pay a Subcontractor is Equitably Subrogated to the Rights of Both the Contractor and Subcontractor and May Bring Suit Directly Against the United States
By Constructlaw
National American Insurance Company v. United States No. 2007-5016, 2007 U.S. App. LEXIS 20058 (Fed. Cir. August 23, 2007) The US Court of Appeals for the Federal Circuit upheld the…
Real Estate & Construction
Judgment Denying Fees and Subrogation Reversed
In Osborne v. Jauregui, Inc., a dispute over a defectively built home,a divided panel of the Third Court of Appeals has reversed and remanded the trial court's judgment declining to…