Topic
Subrogation
278 published works
Duane Morris Insurance Law
Cases We’re Watching: Certified Question to Nevada Supreme Court—Excess Carrier’s Equitable Subrogation Claim
By: Daniel B. Heidtke Earlier this Fall, the Ninth Circuit certified the following question to the Nevada Supreme Court: Under Nevada law, can an excess insurer state a claim for…
Insurance Law Hawaii
Insurer’s Subrogation Rights Preserved
The insured's motion for partial summary judgment to eliminate the insurer's right to subrogation was denied. Fireman's Fund Ins. Co. v. S.A. Comunale Co, Inc., 2024 U,S. Dist.…
Zalma on Insurance
Right to Subrogation Limited by Lease
By Barry Zalma
Lessors Should be Entitled to Waive Insurer’s Right of Subrogation Post 4867 See the full video at https://rumble.com/v5dr2mj-right-to-subrogation-limited-by-lease.html and at https://youtu.be/VtgBEJJcYsg In a subrogation action, Plaintiff Philadelphia Indemnity Insurance Company…
The Policyholder Perspective
Subrogation – The limits on stepping into someone else’s shoes
By Eleanor Ruiz, Jamie Fryer, Esme Carey
In this post, we take a look at an insurer’s right to subrogation – the mechanism that allows them to step into the shoes of the insured – and how,…
Boston ERISA & Insurance Litigation Blog
Black Magic and Reinsurance
When I was a very junior (probably first year) lawyer, one of the founding deans of the modern policyholder practice, Jerry Oshinsky, when he found out I was working on…
Florida Construction Legal Updates
IMPAIRING YOUR INSURER’S SUBROGATION RIGHTS
Liability insurance policies have a provision that allows them to subrogate to the rights of their insured. This provision is commonly referred to as a transfer of rights provision and…
Canadian Lawyer Mag
NS Court of Appeal affirms disability plan’s right to subrogation and repayment
The court dealt with the issue of reimbursement of benefits in certain cases of compensation
Insurance Law Hawaii
Insurer May Pursue Independent Subrogation Claims After Plaintiff’s Claims Are Dismissed
The Hawaii Supreme Court determined that a subrogee insurance company that intervened had an independent right to continue pursuing its claims agains the tortfeasor that were not asserted…
Tort Talk
Federal Court Denies Motion To Remand To State Court, But Grants Motion To Transfer Venue
In the case of Farmington Cas. Co. v. HP Inc., No. 2:23-CV-01022-KBH (E.D. Pa. Nov. 21, 2023 Hodge, J.), the court addressed a Motion to Remand and venue issues in…
Zalma on Insurance
Subrogation Must be Fair
By Barry Zalma
Insurer May Never Subrogate Against its own Insured Post 4691 See the full video at https://rumble.com/v41fqbk-subrogation-must-be-fair.html and at https://youtu.be/YXe2JxSJ2XM Zurich American Insurance et al sued their coinsurers – Appellant Certain…