The court went on to explain that its interpretation of the statute is appropriately driven by the language of the statute as well as the broader context of
subrogation and public policy.
And they're pursuing it "in circumstances where the law supports their ability to do so, whether the claim is paid by the insurer or not," said Kim Rathbone, a partner at the national
subrogation law firm Rathbone Group LLC.
The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of
subrogation. This waiver of
subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property.
Under the latest revision, the contingency contract would specify that the lawyer with the underlying contingency fee contract "must provide ordinary lien resolution as part of the lawyer's representation of the client under the fee contract," must disclose at the start whether extraordinary lien or
subrogation services might be required, which would necessitate additional fees, and could not charge additional fees for those services if that would violate the limits in Rule 4-1.5.
subrogation by which a secured creditor may sometimes be entitled to
Defendants filed motions for summary judgment, arguing that the county had agreed to provide insurance for project, and that county had waived its
subrogation rights against them and, thus, was not entitled to recover damages.