Topic
Subrogation
278 published works
Roberts Disability Law Blog
Sixth Circuit: Cigna Has Right of Reimbursement for Surgery It Approved That Did Not Meet Medically Necessary Criteria
In Zahuranec v. Cigna Healthcare, Inc., et al., No. 21-3695, 2022 WL 1619493 (6th Cir. May 23, 2022), Plaintiff-Appellant Lisa Zahuranec appealed the district court’s dismissal of her ERISA lawsuit…
Zalma on Insurance
Subrogating Insurer Has No More Rights than the Insured
By Barry Zalma
Insured & Insurer Had no Right Against Tenant for Failure to Provide Notice After a hailstorm that impacted a shopping plaza in Colorado Springs where Defendant Dillon Companies, LLC (“King…
Zalma on Insurance
A Contract is Made by Action Even if Signed After Termination
By Barry Zalma
Waiver of Subrogation Defeats Claims Against Contractor Who Caused Fire Commercial General Liability and Commercial Property Policies allow an insured to waive the insurer’s right of subrogation if made before…
Insurance Law Hawaii
Res Judicata Does Not Bar Insurer From Pursuing Subrogation
The appellate division reversed the lower court's dismissal of the subrogation action, deciding res judicata was not applicable. Cincinnati Ins. Co. v. Acadia Ins.Co., 2021 N.Y.App. Div. LEXIS…
Commercial Litigation Update
Ohio Court Delivers Victory for Medical Providers That Treat Patients Injured by Others
By Jonathan T. Brollier, Lindsey A. Roberts
When hospitals and doctors treat patients who are injured in car accidents, the health care providers reasonably expect that their rights to be compensated for the care they provide will…
Tort Talk
Motion to Preclude Expert in Fire Loss Case Denied
In the case of Allstate Ins. Co. v. LG Elec. USA, Inc., No. 2:2021-CV-00187 (E.D. Pa. July 8, 2021 Baylson, J.), the Eastern Federal District Court of Pennsylvania denied a…
Insurance Law Hawaii
Insurers Litigate Subrogation, Contribution Dispute
The court largely denied one insurer's motion to dismiss subrogation and contribution claims raised by another insurer. Zurich Am. Ins. Co. v. Aspen Spec. Ins. Co., 2021 U.S.…
Tort Talk
Worker's Compensation Carrier Allowed to Intervene in Third Party Action to Recover Lien
In the case of Gleason v. Alfred I. Dupont Hospital, No. 1872 EDA 2020 (Pa. Super. Aug. 5, 2021 McLaughlin, J., King, J., Pellegrini, J.) (Op. by Pellegrini, J.), the…
Property Insurance Coverage Law Blog
Can a Policyholder Sell the Damaged Property After a Loss?
By Chip Merlin
The answer by most readers to the question posed is “Of course Chip! Just because a property is damaged does not mean that the policyholder cannot sell the damaged property.”…
Property Insurance Coverage Law Blog
Florida’s Made Whole Doctrine and Subrogation
By Chip Merlin
When others cause damage to a policyholder’s insured property, there arise issues about liability for those causing the damage. When insurance companies pay their policyholders and then seek reimbursement from…