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
Tag: Subrogation
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
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
Risky Business: Contractual Versus Equitable Rights of Subrogation
Kyle Rice | White and Williams In Zurich Am. Ins. Co. v. Infrastructure Eng’g. Inc., 2023 Ill. App. LEXIS 383, the insurer, Zurich American Insurance Company (Insurer) proceeded as subrogee of Community College District No. 508 d/b/a City Colleges of Chicago and CMO, a Joint Venture. The Appellate Court of Illinois, First District (Appellate Court) addressed… Continue reading Risky Business: Contractual Versus Equitable Rights of Subrogation
When the “Made Whole” Doctrine Isn’t a Defense to Subrogation
Sydney Broom | Butler Weihmuller Katz Craig In some jurisdictions, the “made-whole” doctrine requires insured parties to be made whole before an insurance carrier may recover from a third-party as a subrogee. Every so often, a tortfeasor will argue this doctrine as a defense to a subrogation claim. When this happens, subrogation attorneys are left to argue… Continue reading When the “Made Whole” Doctrine Isn’t a Defense to Subrogation