the right of action belongs solely to the subrogee
164) In order to enforce a right in equitable subrogation the subrogee
does not necessarily have to communicate with the subrogor or have the opportunity to control any claim the subrogor is pursuing or could pursue.
53) Instead, the Ninth Circuit held that "simply stepping into the shoes of the insured via reimbursement" does not render a subrogee
liable for response costs.
1st DCA 2010), the First DCA found there was no prejudice when the subrogee
stepped into the shoes of the first lienholder only to the extent of the amount due and owing on the first mortgage.
I, therefore, feel that once a vessel reaches the port with the cargo and delivery order is issued by the ship agent the actual identity of the carrier becomes irrelevant in so far as the Consignee/ Subrogee
The court went on: "In contractual subrogation actions, the statute of limitations runs from the date of the injury to the original "rightholder" and not from the date of payment by the subrogee
depositors' claims, including those of the FDIC as subrogee
State Farm paid the homeowner $19,271 and then, as his subrogee
, sued Premier and Worldwide.
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.
Subrogation interest" includes past, present, and estimated future payments of compensation, medical benefits, rehabilitation costs, or death benefits, and any other costs of expenses paid to, or on behalf of, the claimant by the statutory subrogee
The Sulzer Settlement Trust shall defend and hold Class Members and Plaintiffs' Counsel harmless against any claims by a subrogee
directly against such Class Member or Plaintiffs' Counsel for reimbursement of medical expenses of an Affected Product Recipient necessitated by an Affected Product.
Wausau, as subrogee
to the settling parties' rights (that is, one who succeeds to the legal rights acquired by another), sued the attorneys and accountants involved in the stock offering that led to the 10-5 action, alleging the attorneys and accountants had joint responsibilities for the securities law violations.