Insured vs. Insurer: Litigating Priorities in Subrogation Proceeds and the Made Whole Doctrine

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

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, June 29, 2022

Recorded event now available

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Course Materials

This CLE course will guide insurance company, policyholder, and in-house counsel through the nuances of the "made whole doctrine" and the many different types of releases, waivers, and other devices insurance companies use to clarify or mitigate its effect to maintain priority recoveries from third parties.

Description

After paying a claim, an insurance company may seek recovery from a responsible third party. But the equitable made whole doctrine may give the policyholder superior rights in the proceeds until it has been made whole.

How and when the made whole doctrine applies is not understood well or widely. Precisely what being "made whole" means remains elusive and varies from state to state and with different types of losses. States also are split as to whether the equitable doctrine should be applied when contractual subrogation is involved.

The made whole doctrine is far-reaching and impacts virtually every line of subrogation, prompting insurance companies to develop many devices and techniques for blunting or eliminating the rule. Counsel should understand the interplay between subrogation law and insurance policy provisions and the effects of waivers and releases, hold harmless agreements, and joint prosecution/allocation agreements.

Listen as our authoritative panel of attorneys guides you through the maze of subrogation principles and the made whole doctrine.

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Outline

  1. Overview of the made whole doctrine
  2. When does the made whole doctrine apply?
  3. The meaning of made whole
    1. Losses above policy limits
    2. Attorneys fees and costs
    3. Deductibles and SIRs
  4. Avoiding the made whole doctrine

Benefits

The panel will review these and other issues:

  • What does it mean for a policyholder to be "made whole"?
  • What is the difference between contractual, equitable, and statutory subrogation?
  • What if the policyholder has significant uninsured loss?

Faculty

Conley, Michael
Michael Conley
Principal
Offit Kurman

He represents policyholders with claims against insurance companies. His insurance coverage law experience includes...  |  Read More

Horkovich, Robert
Robert M. Horkovich
Managing Shareholder
Anderson Kill

Mr. Horkovich focuses his practice on the area of insurance recovery. He has obtained over $5 billion in...  |  Read More

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

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