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
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.
- Subrogation principals and policy language
- Statutory v. contractual subrogation rights
- State law limitations on policy language
- Made whole doctrine
- Waiver of subrogation clauses
- Apportionment of recovery
- Sharing agreement between the insured and insurer
- Insured’s deductible and/or SIR
- Partial coverage
- Double recovery
- Insured’s duty to cooperate
- 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.
Merlin Law Group
Since 1983, Mr. Merlin has served as a plaintiff’s attorney with a focus on commercial and residential property... | Read More
Since 1983, Mr. Merlin has served as a plaintiff’s attorney with a focus on commercial and residential property insurance claim disputes and bad faith insurance litigation. A noted national authority on insurance bad faith, Mr. Merlin is a former Chair of the American Association for Justice’s Bad Faith Litigation Group and former Vice-Chair of the ABA’s Subcommittee on Property Insurance Law..Close
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
Mr. Wickert is an insurance trial lawyer and is regarded as a leading experts on insurance subrogation. He is the author of several subrogation books and legal treatises and is a national and international speaker on subrogation. Mr. Wickert oversees a National Recovery Program which includes a network of nearly 285 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom.Close