11th Circuit Affirms Bad Faith Verdict in Suit Filed by One Insurer Against Another January 6, 2023 By Jim Sams After a job-site injury left independent contractor Ernest Guthrie paralyzed below the waist, two insurers for the contractor that hired...
6th Circuit Denies Bid for ‘Equitable Subrogation’ in Auto Parts Price-Fixing Case May 13, 2022 By Jim Sams Insurers waited too long to intervene in anti-trust litigation that brought settlements requiring dozens of auto parts manufacturers to pay...
Viewpoint: Equitable Subrogation Useful Tactic When Insurer Won’t Settle November 7, 2019 By Christine Spinella Davis Every policyholder will likely face a scenario where its primary insurer refuses a settlement offer within limits. The primary insurer...
Liquidated Judgment Not Necessary for Equitable Subrogation December 20, 2016 By Steven Plitt and Jordan R. Plitt California’s Ninth Circuit Court of Appeals finds that the absence of a litigated judgment did not preclude an equitable subrogation...
Hawaii High Court Adopts Equitable Subrogation in the Primary/Excess Insurance Context November 3, 2015 By Steven Plitt Most jurisdictions have adopted equitable subrogation. Plitt & Plitt, Practical Tools for Handling Insurance Cases, § 7:7 (Thomson Reuters 2011)...
Excess Insurance and Equitable Subrogation: Oklahoma Clarifies its Equitable Subrogation Rule December 3, 2013 By Steven Plitt Most jurisdictions have held that an insurance company with the primary policy owes a duty of good faith and fair...