Arkansas: Avoiding the “Made Whole” Doctrine Through Dépeçage
In Arkansas, a workers’ compensation carrier’s subrogated recovery is subject to a determination of whether the injured worker—or, as the case may be, the worker’s surviving beneficiaries—has been...
View ArticleWhere the Insured Has Been Made Whole, a Subrogating Insurer Proceeding in...
When an insurer files a subrogation suit in the insured’s name, questions often arise with respect to whether, by doing so, the insurer has to respond to discovery issued to the insured. In Aquatherm,...
View ArticleUtah’s Supreme Court Addresses When an Insurer Can, Despite the Made Whole...
In Wilson v. Educators Mut. Ins. Ass’n, 2017 UT 69, the Supreme Court of Utah considered whether an insurer had the right to bring a subrogation action in its own name despite the fact that its insured...
View ArticleSupreme Court of Kentucky Holds Plaintiff Can Recover for Stigma Damages in...
In Muncie v. Wiesemann, 2018 K.Y. LEXIS 257, the Supreme Court of Kentucky considered whether stigma damages[1] in a property casualty case are recoverable in addition to the costs incurred to...
View ArticleInsurers Subrogating in Arkansas Must Expend Energy to Prove That Their...
Arkansas employs the “made whole” doctrine, which requires an insured to be fully compensated for damages (i.e., to be “made whole”) before the insurer is entitled to recover in subrogation.[1] As the...
View ArticleFirst-Dollar Risk Allocated to the Insured Is Not Subject to the Made Whole...
Pursuant to the equitable made whole doctrine, where there are limited funds available, an insurer cannot pursue subrogation until the insured has been made whole – i.e., fully compensated – for its...
View ArticleNew York Court Holds Insurer Can Recover Before Insured Is Made Whole
In State Farm Fire & Cas. Co. v. Tamagawa, Index No. 510977/2021, 2023 N.Y. Misc. Lexis 5434, the Supreme Court of New York considered whether an insurance carrier can settle its property...
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