Sydney Broom | Butler Weihmuller Katz Craig In some jurisdictions, the “made-whole” doctrine requires insured parties to be made whole before an insurance carrier may recover from a third-party as a subrogee. Every so often, a tortfeasor will argue this doctrine as a defense to a subrogation claim. When this happens, subrogation attorneys are left to argue… Continue reading When the “Made Whole” Doctrine Isn’t a Defense to Subrogation
Tag: Made Whole Doctrine
The Made Whole Doctrine is Alive and Well in Virginia
Scott Hefner | Butler Weihmuller Katz While the Virginia Supreme Court has never addressed the made whole doctrine by name, a recent federal district court opinion has declared the made whole doctrine “is alive and well in the Commonwealth.” Sustainable Sea Products International, LLC, et al. v. American Empire Surplus Lines Ins. Co., et al.… Continue reading The Made Whole Doctrine is Alive and Well in Virginia
Who Has Priority Over My Recovery? – An Overview Of The Made Whole Doctrine
Jessica Skarin | Butler Weihmuller Katz Craig After paying out a claim, insurers often pursue a subrogation recovery from a responsible third party. In evaluating the potential for recovery, subrogation specialists consider many issues including proof of liability, applicable contract provisions, statutory limitations, and the cost of pursing a recovery. Well informed insurers also work… Continue reading Who Has Priority Over My Recovery? – An Overview Of The Made Whole Doctrine