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claimant for removal costs or damages shall be subrogated to all rights,
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.
In the United States, if the insurer has paid only a portion of the amount that it is required to pay in accordance with the policy, the insured has not been indemnified in full for the loss and the insurer is not entitled to be subrogated to the insurer's rights.
81) In the exceptional cases where liability exceeds the OPA limits, the NPFC is in place to make payments from the Trust Fund (82) (sourced primarily by a petroleum tax), which are subrogated to the rights of such claimants to recover from RPs or third parties who may be responsible for the damages.
Upon paying guaranteed amounts to plan members, the PBGC is subrogated in place of the plan against the employer-debtor's estate.
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.
If collateral source benefits are introduced, then the source of such benefits may neither recover any amount against the plaintiff nor be subrogated the rights of the plaintiff against a defendant.
As the Eighth Circuit has put it, silence on the issue of fees may mean two things: that the plan is always entitled to all of its claims for reimbursement regardless of the results such a rule could produce, or that the plan will pay reasonable fees and expenses providing some support and incentive to the plan's beneficiaries to move forward with their claims, to which the plan will be partially subrogated.
The court must still establish the factual basis of the case through testimony and cross-examination while the court's decision rules are simultaneously subrogated to the agreement of the parties.
in a sense subrogated to the rights and privileges of shareholders, who
29) Indeed, the statute itself says the government's claim is subrogated to the injured employee's claim, (30) and as subrogee the government "does not secure rights superior to those of its employee.