Topic
Subrogation
278 published works
British Columbia Insurance Blog
An insurer cannot subrogate against an insured, even if the insured is responsible for the loss.
A condominium developer appealed from a decision that their Insurer could bring a subrogated action against them. The Court of Appeal allowed the appeal, and held that the Insurer had…
British Columbia Insurance Blog
An insurer may bring a subrogated claim for insurance proceeds paid to compensate damage to a camper trailer if the trailer is not insured under a motor vehicle policy.
The Court granted the Plaintiff’s motion on a determination of a question of law after finding that the Plaintiff was not barred by s. 263 of the Insurance Act from…
British Columbia Insurance Blog
A condominum corporation is entitled to subrogate against their general contractor, even though the general contractor is a unit holder in the corporation.
The Alberta Court found that the provisions of the Condominium Property Act, the applicable Bylaws, and the applicable insurance policies did not bar a claim by the Plaintiff Condominium Corporations…
British Columbia Insurance Blog
A Landlord’s insurer is not entitled to bring a subrogated claim against a tenant whose rent financed the insurance
A Landlord’s Insurer was not entitled to bring a subrogated claim against a Tenant to recover the amounts paid out on the Landlord’s claim following a fire caused by the…
Georgia Bankruptcy Blog
11th Cir. Non-Debtor Defendant That Was Jointly & Severally Liable With Debtor For Tort Judgment Not Entitled To Subrogation Claim Against Debtor Pursuant to Section 509(b) After Non-Debtor Paid Judgment
By Sunghee Sohn
Again, I find it easier to liberally quote from the opinion rather than to attempt to summarize. Fibreboard Corp. v. Celotex Corp. (In re Celotex Corp.), No. 05-16039 (11th Cir.…
British Columbia Insurance Blog
A condominum corporation is entitled to subrogate against their general contractor, even though the general contractor is a unit holder in the corporation.
The Alberta Court found that the provisions of the Condominium Property Act, the applicable Bylaws, and the applicable insurance policies did not bar a claim by the Plaintiff Condominium Corporations…
British Columbia Insurance Blog
A Landlord’s insurer is not entitled to bring a subrogated claim against a tenant whose rent financed the insurance
A Landlord’s Insurer was not entitled to bring a subrogated claim against a Tenant to recover the amounts paid out on the Landlord’s claim following a fire caused by the…
British Columbia Insurance Blog
Manitoba Public Insurance Corp. v. University of Waterloo [2006] M.J. No. 54 Manitoba Court of Queen’s Bench
The Court held that the statutory right of subrogation granted to the Manitoba Public Insurance Corporation ("MPIC") was subject to common law tort principles such as remoteness, foreseeability and causation.…
British Columbia Insurance Blog
Insurance Corp. of British Columbia v. Hosseini [2006] B.C.J. No. 6 British Columbia Court of Appeal
Section 20 of the Insurance (Motor Vehicle) Act enables a person insured by the Insurance Corporation of British Columbia ("ICBC"), injured in a motor vehicle accident in British Columbia, to…
British Columbia Insurance Blog
Lacombe v. Don Don Phillips Heating Ltd. [2005] O.J. No. 3936 Ontario Superior Court of Justice
On a motion for partial summary judgement to dismiss the subrogated portion of the Plaintiffs’ claims brought by the Plaintiffs’ insurer, the Court extended the "anti-subrogation rule" to prevent the…