contracts, thus creating a contractual right of the insurer to subrogate
The case law suggests that, at least for these scenarios, the insurer would be able to subrogate
. The definition of term "insured" has been restricted to the named insured for Section C.
In the real world, then, construing builders' risk policies that insure subcontractors "as their interests may appear" to limit coverage for the subcontractor to the specific part of the job on which the subcontractor is working, and to allow the insurers to subrogate
against the subcontractor for losses unrelated to the particular work the subcontractor is doing, is consistent with the insuring arrangements of the parties.
In essence, by using an ASP subrogation outsourcing solution from Trumbull Services, Canal, in Greenville, S.C., could hit the ground running in its efforts to subrogate
claims, because the carrier didn't have to invest in any technology due to the nature of ASP.
The trustee correctly claimed that X's property was property of the bankruptcy estate, because the trustee could subrogate
to the rights of [C.sub.2] and avoid the fraudulent conveyance to X.
Specifically, at the time of the default, the Coast Guard had already paid the money and thus did not owe it; the surety therefore could not successfully subrogate
to the contractor's non-existent claim.
Disputes often arise, such as the circumstances under which the insurer may subrogate
and for how much, particularly where the policyholder has not been fully compensated for its losses.
And while permissive users of privately owned airplanes are usually automatically included under the aircraft liability coverage, insurers will frequently subrogate
to recover the cost of physical damage.
There may soon be a time, however, when construction project professionals will feel differently about their professional liability exposures if insurers retain the right to subrogate
The Right to Subrogate
Upon Payment of Any Portion of the Loss
The courts are grappling with issues such as which entities qualify as insureds under the endorsements, whether and to what extent insurers may subrogate
against such insureds, and to what degree the endorsements apply to inter-insurer disputes.