Insured vs. Insurer: Litigating Priorities in Subrogation Proceeds

  • Organizer: Strafford Publications
  • Date: June 11, 2024
  • Time: 01:00 PM-02:30 PM



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.

This panel 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.

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?

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