Over the years, the number of eager, young lawyers who have hung a shingle outside of their living room or cut corners in order to gain an edge and offer subrogation
clients the lowest possible fee, present those same clients with a mounting risk that no client should ignore.
Attorney Gary Wickert, a specialist in national subrogation
policy, noted the 13th District's ruling and a separate decision by a federal district court in Illinois in (https://www.claimsjournal.com/columns/road-to-recovery/2019/07/22/292081.htm) a viewpoint column posted by the Claims Journal July 22.
That contract contained the subrogation
waiver in question.
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.
Murphy, the appellate court reviewed the trial court's order, dismissing the plaintiff's property damage subrogation
claim against defendant tenants for failing to state a claim entitling it to relief.
If, for example, Jane Doe has health coverage from ABC Insurance Company, and a truck from XYZ Trucking runs her over, ABC Insurance could use subrogation
to sue XYZ Trucking in Jane Doe's place.
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.
In the subrogation
context, the precise date that litigation is anticipated may be more difficult to ascertain.
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.