The Extension of Insurance Subrogation
Kimball, Spencer L. & Davis, Don A.
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Most recently cited by10
- 2012Trinity Universal Insurance v. Cook Wash. Ct. App.
- 2004Wasko v. Manella Conn.
- 1998Mahler v. Szucs Wash.
- 1985Cunningham v. Metropolitan Life Insurance Wis.
- 1982Frost v. Porter Leasing Corp. Mass.
- 1974Morin v. Massachusetts Blue Cross, Inc. Mass.
- 1973Collins v. Blue Cross Va.
- 1970Travelers Insurance v. Graye Mass.
- 1968Silinsky v. State-Wide Insurance N.Y. App. Div.
- 1967Hospital Service Corp. v. Pennsylvania Insurance R.I.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Abstract
When an insured loss occurs under circumstances that make a third person liable to reimburse the insured, there are various possible ways to adjust the loss among the three persons involved. One solution would permit the policyholder to recover both on the insurance and from the third person, i.e., would permit double recovery for the loss. A second solution would give the third person the benefit of the insurance by denying recovery from him. A third solution would subrogate the insurer to the policyholder's rights against the third person.
Combinations of these three solutions are possible by applying sometimes one and sometimes another.