equitable subrogation News

Viewpoint: Equitable Subrogation Useful Tactic When Insurer Won’t Settle

Every policyholder will likely face a scenario where its primary insurer refuses a settlement offer within limits. The primary insurer is potentially liable for that excess verdict if it acted in bad faith by refusing to settle within limits. Sometimes, …

Liquidated Judgment Not Necessary for Equitable Subrogation

California’s Ninth Circuit Court of Appeals finds that the absence of a litigated judgment did not preclude an equitable subrogation claim from being brought by an excess insurer for bad faith failure to settle when the excess insurer actually contributed …

Hawaii High Court Adopts Equitable Subrogation in the Primary/Excess Insurance Context

Most jurisdictions have adopted equitable subrogation. Plitt & Plitt, Practical Tools for Handling Insurance Cases, § 7:7 (Thomson Reuters 2011) (Alaska, Arizona, California, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New York, North Carolina, …

Excess Insurance and Equitable Subrogation: Oklahoma Clarifies its Equitable Subrogation Rule

Most jurisdictions have held that an insurance company with the primary policy owes a duty of good faith and fair dealing to the insurance company with the excess policy requiring a settlement of claims within the primary carrier’s policy limits …