Viewpoint: The Difference Between Statutes of Limitations and Statutes of Repose

Gary L. Wickert | Claims Journal Subrogation professionals, like lawyers, must be constantly vigilant for deadlines, statutes of limitations, statutes of repose, and notice timelines set forth by the laws of the 50 states. Likewise, it is important to know and understand the differences between statutes of limitations and statutes of repose. They are both… Continue reading Viewpoint: The Difference Between Statutes of Limitations and Statutes of Repose

IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles

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

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