However, as we saw in the previous section, when a
subrogee has an equitable interest in the legal claim, it may often make sense for them to secure control over the conduct of litigation enforcing that claim through a contract.
doctrine of subrogation applies, the
subrogee succeeds to the legal
A claimant must notify a statutory
subrogee of the identity of all third parties against whom the claimant has or may have a right of recovery.
Acuity, as
subrogee of Alice, George, and Mark filed a two-count complaint in the circuit court of Cook County, alleging negligence against Mario and negligent entrustment against Elia.
(21) In light of this rule and the well-established principle that the
subrogee stands in the shoes of the subrogor, is it appropriate to allow health insurers to intervene in these cases and demand a portion of the settlement or verdict?
366, 380-83 (1949) (rejecting the government's strict construction argument and holding that the government may be sued under the FTCA by a
subrogee just as would a private defendant).
Unites States, (49) a Miller Act surety on a performance bond sued the United States to recover, as
subrogee, contract funds that were wrongfully paid to the contractor after the surety assumed responsibility for the contract.
Court of Federal Claims (COFC) held that the rights of a subcontractor's employees to withheld Davis-Bacon Act (25) (DBA) and Contract Work Hours and Safety Standards Act (26) (CWHSSA) wages were superior to the rights of the Coast Guard, the contractor, and the contractor's
subrogee, Westchester.
Oregon Mutual Insurance Company, as
subrogee for Regional Cleaning Services, LLC vs.
On February 24, 2011, Aon, as
subrogee of BMI, filed a law suit against MTS (the "BMI lawsuit").
In other words, if you are in a State that does not allow for the recovery of depreciation of property against a third-party tortfeasor, neither you as the
subrogee nor your insured as subrogor could make a claim against the tortfeasor for the depreciation.
(2) Thus, insureds generally have not been successful in bringing direct actions against reinsurers) Claims by state guaranty funds, as the
subrogee of original insureds, also have failed.
