The trial court's finding on this issue was in reliance upon the mutual waiver of subrogation
rights contained in the lease and the holding in Dix stating tenants are " at any time and at any place coinsureds with their landlord" with the "only exception being if the parties had a clear agreement to the contrary.
Federal employees sued in state court over a subrogation
During the adjustment of the first-party claim, the insured should be notified of the subrogation
investigation and the possibility of litigation.
is available where a third party
We must decide whether, under the plain meaning of the AIA contract, property owners waive subrogation
rights for construction damages by maintaining "all-risk" property insurance policies that cover both their construction-related damages and their entire property.
Consider the discussion of real subrogation
in Aubry and Rau's classic analysis of the patrimony:
The doctrine of subrogation
does not arise from statute or custom, but is peculiarly a creation of equity, grounded on the proposition of doing justice to the parties without regard to form.
were not available, the actual cost of insurance would rise in part because there would be no mechanism to prevent the insured from collecting from both the insurer and the party responsible for the same loss.
But the Sereboff ruling affects only the rules governing subrogation
in North Carolina, South Carolina and Virginia, while the H.
A typical response is the insurer still maintains a fight to recover from party B via the principle of subrogation
and recovery departments have become important revenue centers for both insurance companies and for their insured policyholders.
Because the guarantor acquires the debt by subrogation