The case law suggests that, at least for these scenarios, the insurer would be able to
subrogate.
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.
Additionally, it can
subrogate in cases that are the result of a crime of personal violence that occurred in a state, or political subdivision of a state, in which the person injured as a result of such crime is entitled to receive health care services.
Rather, if the bankruptcy trustee has a direct [section] 548(a) theory against X, or if she can
subrogate herself to [C.
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.
The limits and exclusions in the shop's policy are not typically shared and the collector's insurance company can pay a claim and
subrogate against the shop if there are issues that might otherwise delay payment.
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 against them.
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.
The state then has the right to
subrogate its claim against the employer, causing the employer to pay for the individual claim that normally would have been covered under a workers' comp policy.
However, claims examiners working for different claims administrators sometimes establish informal agreements not to
subrogate against one another.
