The indemnity insurer's ability to reduce its loss has traditionally been achieved through the doctrine of subrogation. Classic subrogation allows the insurer to rely on the insured's chose in action and seek compensation from a liable third party. The doctrine has also been used to establish the insurer's claim to damages or compensation received by the insured. The following is a discussion of the issues involved in the award of proprietary remedies to satisfy the insurer's claim to subrogated damages. It includes brief introductions to subrogation based on the indemnity relationship, and three different theories on the award of proprietary remedies. It will be shown that the nature of the insurer's right is far from settled, and that the...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
The increasing use of the pro rata or other insurance clause in liability insurance policies has...
The modern incarnation of tort subrogation allows an insurer to force its insured to turn over the l...
The indemnity insurer's ability to reduce its loss has traditionally been achieved through the doctr...
“[I]f the assured is not entitled to retain an excess against the insurer, and the insurer … is not ...
When tort judgments exceed the assets of tortfeasors and the tort victim has first-party insurance f...
When an insured loss occurs under circumstances that make a third person liable to reimburse the ins...
Dramatically altering the concept of sovereign responsibility in the field of injuries to person and...
Subrogation is an important concept in insurance law. There are several reasons why an insurer that ...
Application of the doctrine of subrogation often occurs at the expense of the insured. As a result, ...
The law of subrogation is one of the most important and complex doctrines in the law of marine insur...
This article does not purport to provide a study of the doctrine of subrogation and the merits of th...
Plaintiff paid insured for damage done to his building because of the defendant\u27s negligence, and...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
The increasing use of the pro rata or other insurance clause in liability insurance policies has...
The modern incarnation of tort subrogation allows an insurer to force its insured to turn over the l...
The indemnity insurer's ability to reduce its loss has traditionally been achieved through the doctr...
“[I]f the assured is not entitled to retain an excess against the insurer, and the insurer … is not ...
When tort judgments exceed the assets of tortfeasors and the tort victim has first-party insurance f...
When an insured loss occurs under circumstances that make a third person liable to reimburse the ins...
Dramatically altering the concept of sovereign responsibility in the field of injuries to person and...
Subrogation is an important concept in insurance law. There are several reasons why an insurer that ...
Application of the doctrine of subrogation often occurs at the expense of the insured. As a result, ...
The law of subrogation is one of the most important and complex doctrines in the law of marine insur...
This article does not purport to provide a study of the doctrine of subrogation and the merits of th...
Plaintiff paid insured for damage done to his building because of the defendant\u27s negligence, and...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
The ability of an insurer to pursue and collect money from responsible third parties for paid claims...
The increasing use of the pro rata or other insurance clause in liability insurance policies has...
The modern incarnation of tort subrogation allows an insurer to force its insured to turn over the l...