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What Are the Benefits of Subrogation?

Subrogation offers multiple benefits to insurance companies, businesses, and individuals, including keeping premium rates lower for policyholders, ensuring the party is held accountable for their actions, and contributing to a more balanced and fair insurance system.

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How Subrogation Works

Have you ever wondered about the process that happens after an insurance claim is paid? It's called subrogation, and it's a crucial part of the insurance industry. Subrogation is a legal right held by insurance carriers to pursue a third party that caused an insurance loss to the insured.

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Affirmative Defenses to Breach of Contract

When you're involved in a breach of contract lawsuit, it's vital to bring forth as many legal defenses as possible to bolster your position.  It isn't sufficient to merely deny any legal wrongdoing. You need to counter with valid arguments that substantiate your case. That's where affirmative defenses come into play.

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What Are the Elements of a Breach of Contract Claim?

When you're dealing with business transactions, contracts are the glue that holds all parties accountable. They ensure everyone involved fulfills their obligations. But what happens when one party drops the ball, failing to meet their contractual obligations? That's when we venture into the realm of a breach of contract.

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How Long Does an Insurance Company Have to Subrogate?

Subrogation is a significant process that allows insurance companies to recover costs paid out in claims by pursuing payments from other parties that are responsible for the damages. Though it may seem like a straightforward process, subrogation can be complex.

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What Is Spoliation of Evidence?

If your company is currently engaged in a dispute that could lead to litigation or the legal proceedings are already ongoing, it is crucial that you understand how cases involving the spoliation of evidence are handled by courts.

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Economic Loss Doctrine

Essentially, victims of personal injury, negligent accidents, or contract breaches may be entitled to seek economic, non-economic, and other available damages for their injuries and losses. The economic loss doctrine often applies when a person suffers non-economic, economic damages, or both.

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Subrogation Process for the Insured

We all recognize the benefits of having a good insurance policy— whether it’s for your home, your health care, or your car. But many times, even though you may be familiar with the basics of your policy, you aren’t aware of what may be going on behind the scenes.

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What Is the “Made Whole Doctrine”?

Insurance companies underwrite policies with individuals and entities, who then pay a premium for the coverage they are seeking. This can be true for auto insurance, property insurance, commercial insurance, and more. When the policyholder is thereafter injured or suffers property damage covered by the insurer’s policy agreement—which generally includes a deductible and caps on the amount to be paid out—the insurer will offer a cash settlement.

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Understanding Waivers of Subrogation

Assume you’ve purchased an apartment complex, and as the new landlord, you want to make sure you’re protected against lawsuits from tenants and their rental insurance policies. You include in your lease agreement with each tenant what is called a waiver of subrogation. This will protect you from an insurance company lawsuit if, for instance, a tenant slips and falls on a stairway that has become worn from overuse.

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