Michigan Court Waives Goodbye to Subrogation Claims Except as to Gross Negligence

Lian Skaf | The Subrogation Strategist In Ace American Insurance Company, et. al. v. Toledo Engineering Co., Inc., et. al., No. 18-11503, 2023 U.S. Dist. LEXIS 15222 (Ace American), the United States District Court for the Eastern District of Michigan determined whether insurers could pursue their subrogation claims against the defendants despite a waiver of subrogation in… Continue reading Michigan Court Waives Goodbye to Subrogation Claims Except as to Gross Negligence

Settling Subrogation Claims and the Dreaded Release

Gary L. Wickert and Lee R. Wickert | Claims Journal The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.” The meme itself connotes setting loose utter… Continue reading Settling Subrogation Claims and the Dreaded Release

Subrogation Claims And Arbitration Clauses In Construction Contracts

David H. Fisk | Kane Russell Coleman Logan In Texas, while an insurer can assert a subrogation claim independently of its insured, the insurer still stands in the shoes of its insured, meaning the insurer’s claims are limited to those the insured could bring and are subject to the same defenses.  A common defense when… Continue reading Subrogation Claims And Arbitration Clauses In Construction Contracts

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