subrogation, and even if the subrogee
fails to enforce its right, the
(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.
(27) The injured driver's insurance company sued the employer's insurance intermediary for professional negligence in allowing the employer's policy to be canceled; the driver's insurer argued that it was permitted as a subrogee
and third-party beneficiary to sue the employer's intermediary.
judgment debtor and be a subrogee
without violating the restraining
Chubb Custom Insurance Company (Chubb), as subrogee
of TaubeKoret Campus for Jewish Life (Taube-Koret), brought a claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (46) to recover insurance payments it made to Taube-Koret for environmental response costs.
to third--party tort claims of certain individuals, such as
In basic terms, the courts have consistently held that the subrogee
can only step into the shoes of the first mortgage holder to the extent of the amount of the payoff of the original mortgage or lien, plus interest, fees, and costs.
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
. "That just might have been better for the hospital.
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.
The court initially observed "that the Act does not speak to the issue of priority." (27) However, the court did find that [section] 2651(a) distinguishes two types of damages: "the medical expenses incurred by the Government on behalf of the injured employee and the damages the employee is entitled to receive, net of those expenses." (28) The court maintained that the statute grants to the United States the right to recover its medical expenses; however, "there is nothing in its language to suggest that the Government's claim has a priority over the employee's." (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." (31)