should be subrogated
to the rights of priority creditors who have
i]f a subrogated
insurer is in actual control of a lawsuit, but not named as a party .
Such a scheme would be funded by both insurance premiums placed on employers based on both risk assessments and the scheme's ability to be subrogated
to the rights of the employees in the bankruptcy process.
Thus in insurance subrogation cases such as the ones presently before us, there is but one cause of action for the entire recovery, including the subrogated
amount, and that cause of action lies in the name of the insured.
The Sherman opinion does not indicate what interest rate was used in the trial court, but Sherman seems to conflict with the Restatement (Third) of Property and with Riverside and Radison Properties, which indicate the subrogated
equitable lien amount may include interest at the default rate in the initial loan.
Therefore, if the paying insurer were to be subrogated
to the insured's right as against the other insurer, (were such a right not to be extinguished by the payment of indemnity to the insured by the first insurer), it would be in a position to recover the whole of the amount it had paid and the entire loss would fall on the second insurer.
An argument can be made that this Endorsement makes it even more clear that a drunken lessee is a named insured under his/her own policy, protected from a subrogated
claim by the insurer to recover the payout to the lessor at common law.
Section 2002 further expressed the "sense of the Congress" that relations between the United States and Iran should not be normalized until these subrogated
claims have been "dealt with to the satisfaction of the United States.
If collateral source benefits are introduced, then the source of such benefits may neither recover any amount against the plaintiff nor be subrogated
the rights of the plaintiff against a defendant.
Tucker Act's waiver of sovereign immunity encompasses the claim of a surety that has satisfied all of its obligations under a payment bond and is therefore subrogated
to the equitable rights of the contractor, to recover from the United States an amount equal to the damages it suffered with respect to the payment bond.
In addition, a second tier subcontractor, to the extent of his Lien upon funds, is also entitled to be subrogated
to the Lien upon funds of the of the first tier subcontractor with whom the second tier subcontractor dealt.
Claims scoring and identifying technology can be used to help facilitate the interface process and identify claims, extract those that need to be subrogated
and score the claims so they can be prioritized and worked in the proper manner," says Don Pierce, assistant vice president of new product development at Trumbull Services.