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Topic

Subrogation

278 published works

  1. Zalma on Insurance

    The Most Unused Profit Center Available to Insurers

    By Barry Zalma

    Why Subrogation Allows Insurers to Earn Money After Paying a Claim Adapted from Zalma on Insurance Claims Part 107 Second Edition: A Comprehensive Review of the law and Practicalities of…

  2. Your ERISA Watch

    Ninth Circuit Holds that Hawaii Statutes Restricting Insurers’ Subrogation Recovery Rights Are Saved from ERISA Preemption

    By Elizabeth Hopkins

    This week’s notable decision is Rudel v. Hawai’i Management Alliance Association, No. 17-17395, __F.3d__, 2019 WL 4302895 (9th Cir. Sept. 11, 2019), where the Ninth Circuit made three significant determinations…

  3. Tort Talk

    No Subrogation Allowed Against Third Party Tort Recovery Where Heart and Lung Benefits Were Paid

    By Daniel Cummins

    In the Commonwealth Court case of Kenney v. WCAB (Lower Pottsgrove Twp.), No. 845 C.D. 2018 (Pa. Cmwlth. Aug. 2, 2019)(Op. by Leavitt, P. J.), the Court held that there…

  4. The Northwest Policyholder

    Policyholders Must Be “Made Whole” Before Insurers Recover Payments From Third Parties

    By Dayton Campbell-Harris, Nick Valera

    The Washington Supreme Court recently issued a decision strongly reiterating the “made whole” doctrine under Washington law, which provides that an insurer cannot exercise its right of reimbursement from a…

  5. Zalma on Insurance

    A Waiver of Subrogation is not a Waiver of Tort Liability

    By Barry Zalma

    Waiver of Subrogation Enforceable in Wisconsin First party property insurers, for minimal or no additional premium, will allow their insureds to waive the insurer’s right to subrogation against persons responsible…

  6. Constructlaw®

    District Court in Utah Grants Summary Judgment for Contractor Against Insurance Subrogation Claim Based on Contractual Waiver Provision and Statute of Limitations

    By John Conrad

    Aquatherm, LLC v. CentiMark Corp, 2019 BL 13240 (D. Utah Apr. 12, 2019) Stag II Lindon LLC and Stag Industrial Inc. (collectively “Stag”) owned a building in Lindon, Utah.  Stag…

  7. California Construction Law Blog

    Subrogation, Insurance Code Section 11580, and the Craziness We Call Insurance Law

    By Garret Murai

    By Garret Murai, May 9, 2019 Public domain If you want to geek out on insurance law the next case is for you. The Insurance Company of the State of…

  8. Association Alert

    Insurance Subrogation – Not Against A Condominium Tenant

    By Daniel Miske

    Summary An insurance company can’t sue a condominium tenant in subrogation, even if they were negligent in starting a fire. The Facts The Declaration required the association to “obtain and…

  9. The Nickel Report

    Fifth Circuit Twice-Addresses Impact of Master Services Agreement on Subrogation and Arbitrability Issues

    By Lawrence J. Bracken II, Michael S. Levine, Thomas W. Taylor, Patrick M. McDermott

    Last week, the Fifth Circuit found that Lloyd’s syndicates may not subrogate against an additional insured and may not force that additional insured to arbitration. Lloyd’s Syndicate 457 v. FloaTEC,…

  10. Hunton Insurance Recovery Blog

    Fifth Circuit Twice-Addresses Impact of Master Services Agreement on Subrogation and Arbitrability Issues

    By Lawrence J. Bracken II, Michael S. Levine, Thomas W. Taylor, Patrick M. McDermott

    On Wednesday, the Fifth Circuit found that Lloyd’s syndicates may not subrogate against an additional insured and may not force that additional insured to arbitration. Lloyd’s Syndicate 457 v. FloaTEC,…