Geoffrey Waguespack | Butler Weihmuller Katz Craig Illinois Appellate Court Holds that Insurer May Subrogate to the Rights of an Additional Insured Based on a Contractual Right to Subrogation and that Equitable Subrogation Principles Do Not Apply In a recently decided opinion, the Illinois Appellate Court, First District held that an insurer may subrogate to the rights… Continue reading IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles
Category: Insurance
No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The Court held that the insurer defending the additional insured general contractor had no right to equitable subrogation or equitable contribution from a separate carrier who also insured the general contractor as an additional insured. Old Republic Gen. Ins. Co. v. Amerisure Ins. Co., 2023 U.S. Dist.… Continue reading No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim
Subrogation Rights in R&W Insurance Policies
Arthur Aufses III, Lee Turner adn Jennifer S. Windom | Kramer Levin Naftalis & Frankel The volume and size of insurer payments under R&W insurance policies are increasing. According to a May 2023 Aon study, the average R&W insurance claim payment to Aon clients in 2022 was $9 million, “significantly higher than the average claim… Continue reading Subrogation Rights in R&W Insurance Policies
Illinois Joins the Pack on Defective Construction as an Occurrence
Anna M. Perry | Saxe Doernberger & Vita Illinois joins the majority of states finding “property damage that results inadvertently from faulty work can be caused by an ‘accident’ and therefore constitute an ‘occurrence’.” The Illinois Supreme Court’s ruling in Acuity v. M/I Homes of Chicago, LLC1 (“Acuity v. M/I Homes”) is the first high court ruling… Continue reading Illinois Joins the Pack on Defective Construction as an Occurrence
Leading Out Loud: Subrogation
Sean Garrett and Lucy Avsharian | The CLM How is artificial intelligence changing the subrogation process? How has the economy changed carriers’ appetite to identify subrogation opportunities? And finally, how has increased M&A activity in the subrogation space affected the level of service provided by subrogation firms? Artificial intelligence (AI) is impacting all parts of… Continue reading Leading Out Loud: Subrogation