We cannot expect policyholders to fully understand subrogation
or the value of preserving evidence.
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.
All too often, it is demanded that party A also add a waiver of subrogation
endorsement to the CGL policy.
Indeed, no statute even refers to APIP benefits, much less a subrogation
claim by an APIP carrier against a tortfeasor," Judge Robert S.
The rationale of what has come to be called the "Sutton Rule" by some is that a tenant is something like a permissive user of an automobile and thus becomes an implied coinsured at least for the purposes of subrogation
, although the tenant does not become an implied insured for purposes of other coverage matters.
3) These regulations give CMS broad subrogation
An insurance company's right of subrogation
arises from a longstanding principle of insurance law.
agreement protects an insurance company from paying a claim to the insured that has been paid already by another insurer.
In general, New York courts have consistently held that a waiver of subrogation
provision contained in a lease negotiated between two sophisticated parties in an arm's length transaction is valid and enforceable, provided the intention of the parties is clearly and unequivocally expressed.
Subro Accelerator could save health plans as much as 30-45% over traditional post-pay subrogation