, the right of recovery belongs to the insurer.
suggest, if the bank can be subrogated
to the employees' priority
Many doctrines have developed to deal with the faithless insured--ranging from holding the insured liable to the insurer for destroying the claim under which the insurer was subrogated
, to allowing the insurer to sue the tortfeasor directly for the portion of the insured's claim under which the insurer was subrogated
This guarantee scheme could be revenue neutral based on the scheme's ability to be subrogated
, with the same heightened priority, to the pension and wage claims of employees in the bankruptcy proceedings.
of Arizona, (182) the New Mexico Court of Appeals stated, "Our courts have applied the doctrine of equitable apportionment, reducing the amount reimbursed to the subrogated
insurer when the insured tort victim's recovery represents only a portion of actual damages." (183) The court further expressed that under New Mexico law, "[a]subrogated insurer is also obligated to pay a portion of any attorney fees...." (184) Indeed, just as South Dakota followed the common fund doctrine in Bowen v.
The trial court also included in the subrogation amount $300,618 of accrued interest and $56,300 in insurance and escrow disbursements for a total subrogated
lien amount of $998,552.
The paradox of identity is subrogated
by another, of non-alienating difference.
Where a claim is advanced by way of subrogation, the subrogated
party, the insurer, is entitled to all of the amount recovered by the nominal plaintifF (the insured) as against the third party up to the amount of its indemnity.
Where the insurer has to pay Section C indemnity to the innocent owner of the vehicle, it may or may not be able to bring a subrogated
claim to recover this amount from the impaired driver.
funds, [section] 2002 stated that the United States would be subrogated
to the rights of the persons paid (meaning that the United States would be entitled to pursue their right to payment of the damage awards from Iran).
Accordingly, if the LLC did not have funds, which it apparently did not, plaintiffs could be subrogated
to the LLC's claim against the defendant.
Under the rule, a victim can recover full damages from a tortfeasor even after the victim has already received full compensation for damages from the victim's own insurer for the very same injurious event (assuming, of course, that the victim had not previously by contract subrogated
the rights of recovery from tortfeasors to the insurer in consideration of a lower policy premium).