Equitable Subrogation: Insights Into Legal Complexities In Recovery

Jose A. Aquino | Duane Morris The principle of equitable subrogation plays a central role in ensuring that the party responsible for causing loss or damage is held accountable. This doctrine allows an insurer, who has compensated the insured for a loss, to assume the legal rights of the insured to seek recovery from the… Continue reading Equitable Subrogation: Insights Into Legal Complexities In Recovery

Insurance Policies and Indemnity Provisions Are Not the Same

Garret Murai | California Construction Law Blog Just because you own a pair of Air Jordans doesn’t make you Michael Jordan. In the next case, Carter v. Pulte Home Corporation, Case No. A154757 (July 23, 2020), the 1st District Court of Appeal denied an insurance carrier’s equitable subrogation claim explaining that an insurer’s obligations under its… Continue reading Insurance Policies and Indemnity Provisions Are Not the Same

Court of Appeal Puts the “Equity” in Equitable Subrogation

Garret Murai | California Construction Law Blog Subrogation as a concept is well understood in insurance circles. According to the Institute of Risk Management Institute’s glossary of insurance terms subrogation is “the assignment to an insurer by the terms of [a] policy or by law, after payment of a loss, of the rights fo the… Continue reading Court of Appeal Puts the “Equity” in Equitable Subrogation

Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action

Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In Pulte Home Corp. v. CBR Electric, Inc. (No. E068353, filed 6/10/20), a California appeals court reversed the denial of an equitable subrogation claim for reimbursement of defense costs from contractually obligated subcontractors to a defending insurer, finding that all of the elements for equitable subrogation… Continue reading Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action

Insurance Coverage – Equitable Subrogation – Doctrine of Superior Equities

David L. Blinn | Low, Ball & Lynch | February 8, 2016 Equitable subrogation is most commonly employed when an insurer pays its insured for losses and then pursues an action against the wrongdoer whose wrong caused the loss paid by the insurer.  This case considered whether an insurer may bring an action for equitable… Continue reading Insurance Coverage – Equitable Subrogation – Doctrine of Superior Equities

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