Topic
Subrogation
278 published works
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…
Your ERISA Watch
Ninth Circuit Holds that Hawaii Statutes Restricting Insurers’ Subrogation Recovery Rights Are Saved from ERISA Preemption
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…
Tort Talk
No Subrogation Allowed Against Third Party Tort Recovery Where Heart and Lung Benefits Were Paid
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…
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…
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…
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…
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…
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…
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,…
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,…