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
Tag: Subrogation
California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles
Gus Sara | The Subrogation Strategist | May 2, 2019 In Western Heritage Ins. Co. v. Frances Todd, Inc. 2019 Cal. App. Lexis 299, the Court of Appeals of California, First Appellate District, addressed whether a commercial condominium association’s carrier could subrogate against the tenants (aka lessees) of one of its member unit owners. After examining the… Continue reading California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles
Subrogation Waiver in Construction Contract Upheld by Wisconsin Court
Claims Journal | June 21, 2019 A subrogation waiver in a construction contract blocks an insurer’s claim against a contractor whose alleged shoddy construction caused the collapse of a barn that cost more than $600,000 to replace, the Wisconsin Supreme Court ruled in a split decision. The high court, ruling 3-2, found that the subrogation… Continue reading Subrogation Waiver in Construction Contract Upheld by Wisconsin Court
New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions
Michael DeBona | White and Williams | June 12, 2019 In New York Cent. Mut. Ins. Co. v. TopBuild Home Servs., Inc., 2019 U.S. Dist. LEXIS 69634 (April 24, 2019), the United States District Court for the Eastern District of New York recently held that the “lesser of two” doctrine applies to subrogation actions, thereby limiting… Continue reading New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions
Subrogation, Insurance Code Section 11580, and the Craziness We Call Insurance Law
Garret Murai | California Construction Law Blog | May 9, 2019 If you want to geek out on insurance law the next case is for you. The Insurance Company of the State of Pennsylvania v. American Safety Indemnity Company, 2nd District Court of Appeals, Case No. B283684 (March 1, 2019), is an interesting case involving Insurance… Continue reading Subrogation, Insurance Code Section 11580, and the Craziness We Call Insurance Law