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

DATE: Tuesday, July 20, 2021

TIME: 1:00 PM - 2:30 PM

ORGANIZER: Strafford Publications

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

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

How and when the made whole doctrine applies is poorly understood. Precisely what being "made whole" means remains elusive and varies from state to state and with different types of losses. States are also 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, leading insurers to develop many devices and techniques for blunting or eliminating the rule. Counsel must understand the interplay between subrogation law and 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.

Related People

Insurance Recovery Attorney | Anderson Kill P.C.
Robert M. Horkovich
Managing Shareholder (Firm)
New York

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