The consensus seems be that it is ethical for attorneys employed by subrogors to represent
subrogees.
In other words, if Congress had intended to include
subrogees under section 107(a), there would have been no need to create a separate more specific provision under section 112(c).
In Greenwood, underwriters of the auction house's errors-and-omissions insurance reimbursed the auction house for its payment to the purchaser at auction, then sued the consignor as
subrogees of the auction house's claim.
In their anxiety not to leave out the person who would be liable for the claim, often the consignees or their
subrogees decipher names of same party or the other from the shipping documents whom they regard to be the owner and thus implead them as well.
61) Unfortunately, health authorities, such as provincial health care plans, may still claim under this theory for medical monitoring costs as
subrogees.
In opposing the motion, Feingold argued that there is an issue of fact as to whether his actions were negligent and whether that negligence was a proximate cause of the property damage sustained by plaintiffs'
subrogees.
Applying these principles to the instant facts, the Court of Appeals noted that the primary and excess carriers sought to recover as
subrogees on the theory that the vehicle's lessee was required to indemnify them per the lease agreement.
Revisions to the code clarify that licensed motor vehicle auctions can in fact sell vehicles holding a clear certificate of title on behalf of insurance companies and
subrogees.
Another concern facing
subrogees with respect to the spoliation of evidence is the potential of exposing themselves to independent actions for the loss or destruction of the evidence.
