Robert M. Flannery and Douglas Glombarrese | International Law Office | October 25, 2016 Introduction Subrogation – an insurer’s right to ‘step into the shoes’ of its insured and assert the rights of the substituted party – is a fundamental principle in insurance law that allows an insurer to sue an at-fault third party after… Continue reading Waivers of Subrogation: When a Waiver is not a Waiver
Tag: Subrogation
News for Contractors and Construction Lenders in Arizona and Nevada – The Contractors’ Lien May Trump the Bank’s
Roy Bash, G. Edgar James and Scott C. Ryan – Polsinelli – July 10, 2014 In addition to an arid climate and plenty of sunshine, Arizona and Nevada have something more to offer contractors: a potentially advantageous position over lenders when a project goes bad. When a project derails and everyone involved is looking to… Continue reading News for Contractors and Construction Lenders in Arizona and Nevada – The Contractors’ Lien May Trump the Bank’s
Waiver of Subrogation – Two Reminders
Stanley A. Martin – February 5, 2014 Diesel fuel is spilled during renovation of a library, damaging both the work in progress and the surrounding building or land. Damages may exceed $500,000, but the owner’s pollution coverage is apparently limited to $5,000. Is the owner barred from pursuing the contractor and others based on the waiver of… Continue reading Waiver of Subrogation – Two Reminders
Nevada Supreme Court Clarifies Lender v. Mechanics’ Lien Priority Disputes
Leon F. Mead II, Laura Ellen Browning & Alison Tahsima – November 13, 2012 On October 25, 2012, the Nevada Supreme Court, in a case of first impression, held that equitable subrogation cannot be used as a method to repair broken priority over mechanics’ liens, but left the door open to the potential for a… Continue reading Nevada Supreme Court Clarifies Lender v. Mechanics’ Lien Priority Disputes
200 Million Reasons Why Waivers of Subrogation Matter
David P. Hattery – October 2, 2012 When negotiating contracts with a client, sometimes their eyes roll when we come to the section on insurance, particularly that awkward phrase, “waiver of subrogation.” What is subrogation and what does it mean to waive it? Simply put, subrogation is the right of a party, typically an insurance company, to… Continue reading 200 Million Reasons Why Waivers of Subrogation Matter