Insurance Subrogation Challenges for Insurers and Policyholders

Strategies for Determining Subrogation Rights and Effectively Apportioning Recovery

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, November 16, 2010

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide insurance counsel with an understanding of the critical principles of subrogation, the interplay of state law and contractual policy language, and complex issues that arise in apportioning recoveries between the insurer and policyholder.


The scope of an insurer’s subrogation rights, generally a matter of state law, may be expanded or contracted depending on the language of the underlying policy. Understanding the interplay between subrogation law and policy provisions is critical.

Waiver of subrogation rights are commonly found in most commercial contracts where one or both of the parties agree to waive all subrogation rights they may have against the other party. Using such boilerplate language can potentially create coverage problems.

In addition, the law regarding apportionment of recovery, a critical and often contested issue, is mixed, not well established, and inconsistent among jurisdictions. Complicating issues include partial coverage and double-recovery.

Listen as our authoritative panel of insurance attorneys guides you though the maze of subrogation law, the interplay of state law and policy provisions, and critical issues that arise in apportioning recovery between the insurer and its insured.



  1. Subrogation principals and policy language
    1. Statutory v. contractual subrogation rights
    2. State law limitations on policy language
    3. Made whole doctrine
    4. Waiver of subrogation clauses
  2. Apportionment of recovery
    1. Sharing agreement between the insured and insurer
    2. Insured’s deductible and/or SIR
    3. Partial coverage
    4. Double recovery
    5. Insured’s duty to cooperate
    6. Claims that damage the interests of policyholders


The panel will review these and other key questions:

  • What are some of the underlying purposes and public policy benefits of subrogation?
  • What are the different types of subrogation?
  • What are the most common obstacles to successful subrogation from state to state and how can they be avoided or defeated?
  • How and when can waiver of subrogation agreements or endorsements get in the way of successful recoveries and what can we do to avoid them?
  • Who are the enemies of subrogation and what are the most popular arguments used against subrogation?


William F. (Chip) Merlin, Jr.
William F. (Chip) Merlin, Jr.

Merlin Law Group

Since 1983, Mr. Merlin has served as a plaintiff’s attorney with a focus on commercial and residential property...  |  Read More

Wickert, Gary
Gary L. Wickert

Matthiesen Wickert & Lehrer

Mr. Wickert is an insurance trial lawyer and is regarded as a leading experts on insurance subrogation. He is the...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Audio