Sentences with phrase «of subrogated»

DAS was limited to recovering its true outlay by exercise of subrogated rights.

The Plaintiff appealed arguing the scope of the subrogated claim could not apply to ICBC part 7 benefits.

Insurers seek Barbara's help with difficult claims in the areas of automobile, home, personal injury claims, commercial general liability, director's and officer's liability and professional liability, including defence of insureds, pursuit of subrogated claims, coverage opinions and defence of coverage actions.

She handles defence of insureds, pursuit of subrogated claims, coverage opinions and acting for insurers in coverage actions.

Whether acting on the defence of large class action proceedings, the pursuit of subrogated recovery in highly technical matters, or resolving claims within modest deductibles, lawyers within our Products Liability Group are committed to working closely with our clients to implement cost - efficient, innovative, and proactive solutions.

Most of Justice Swinton's legal analysis focuses on the rights of a subrogated party and what rights, if any, section 30 (11) confers by virtue of the boards being a subrogated party.

If someone else causes the fire, your policy covers your property and then the insurance company takes care of subrogating against the negligent tenant to try to recoup both the money they paid and their deductible.

If someone else causes the fire, your policy covers your property and then the insurance company takes care of subrogating against the negligent tenant to try to recoup both the money they paid and their deductible.

Not exact matches

State laws kick in when the couple has no legal agreement to the contrary, and those laws can subrogate children's interest to the interest of a stepparent in the event of death.

-- If the Secretary makes a payment under paragraph (1), the Secretary shall be subrogated to the rights of the recipient of the payment as specified in the guarantee or related agreements including, if appropriate, the authority (notwithstanding any other provision of law)--

Your insurer isn't just subrogating to recover what they paid, they're doing it on behalf of you as well.

«If the animal is a dog or cat and your insurance company successfully subrogates against the owner of the animal, you could have your deductible, and the amount of repairs you had to pay out of pocket before your comprehensive coverage kicked in, returned to you,» Becker says.

When everyone has Fremont, California Renters Insurance, there's no questions about who is responsible for making good on a loss — if there were to be a fire, you'd simply file a claim on your own policy for the personal property and loss of use, and then your renters insurance provider would worry about subrogating against whomever was actually liable for the damages.

While the landlord may subrogate against the tenant in the above example, an Illinois renters insurance policy would make a world of difference in how that actually impacts the tenant.

The costs of building repairs that the landlord's insurance will subrogate against you to recoup?

The discount is available because the company can subrogate against the tenant's policy in the event of a loss.

A landlord would be remiss not to require that waiver, in fact If the provisions of the law were applicable to a tenant who burned the building down, not only would the landlord have no cause of action against the tenant, but the landlord's insurance company wouldn't even be able to subrogate against that tenant because their only right of recovery is in the landlord's stead, which he assigned to them when they paid the claim.

While the owner of the apartment declined to proceed against the residents, the owner's insurance company could still subrogate.

If the neighbor has a small kitchen fire and your property has smoke damage, the personal property coverage on your policy can take care of your loss and then you can let the insurance company deal with subrogating against the responsible party's liability coverage.

While holders of Subordinated Debentures do enjoy a legally enforceable contractual right to cash payments, as a practical matter, having that enforceable right usually is akin to having the right to commit suicide because a Subordinate's rights to cash payments virtually always are subrogated to the senior debts» rights to priority payments.

Accordingly, solicitors are wise to develop a working knowledge of the principle of subrogation, and to implement file management procedures to ensure that OHIP's subrogated interest is not forgotten when a personal injury file is resolved through settlement or at trial.

Under cl 6.1 (c), assignees of a claimant's right of action and subrogated claimants (such as credit hire charges and sick pay) are excluded.

There, the MIB's right to deduct «subordinated» claims from a victim's compensation is confined by the use of the phrase: ``... other insurers or social security bodies to subrogated claims by insurance undertakings and state run social security bodies».

Syncrude and Mr. Hammond brought an action against the Respondent for damages, and Syncrude applied to the court for a preliminary determination as to whether Syncrude was subrogated to Mr. Hammond's right of recovery in respect of income benefits paid by Syncrude to him, notwithstanding the provisions of s. 626.1.

Over the course of several years, the School Board had collected several hundreds of thousands of dollars through such subrogated actions, and it was concerned that it would lose this ability if the lower Court's interpretation of the Insurance Act were upheld.

Section 31 of the act creates a solicitor and client relationship between claimant's counsel and the General Manager of OHIP which effectively obliges plaintiffs» counsel in personal injury matters to properly advance the subrogated interests of OHIP when prosecuting and resolving the claims of their injured clients.

Remember, failure to advance OHIP's subrogated interest could lead to legal difficulties for both the plaintiff and plaintiff's counsel as a release or settlement of a claim is not binding on OHIP without OHIP's approval of the release or settlement.

Subrogated claims should not be confused with the provision within the second subparagraph of Art 10.1 of the directive.

The Commission report under Article 27 (2) Rome I will be based on a comprehensive study that has just been released titled «Study on the question of effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over a right of another person».

The benefits plan included a provision that Syncrude was subrogated to the employee's rights of recovery against the Respondent.

The takeaway for employers looking to advance such subrogated claims is that where such information is required it will be necessary to either: (a) obtain the cooperation and consent of the worker; (b) make a request pursuant to section 58 of the WSIA; or, maybe depending on what the Information and Privacy Commissioner has to say, (c) make a an access to information request.

Another indirect way that lawyers assist the community at large is to protect the subrogated claims of the Ontario Health Insurance Plan, better known as OHIP.

Acting on behalf of the defendant by counterclaim's subrogating insurance company, Justin Anisman sucesfully dismissed the Allianze's counterclaim on summary judgment motion.

High - volume civil litigation practice with an emphasis on subrogated property claims, the defense of solicitors negligence claims, commercial and contractual disputes and employment matters for both employees and employers.

In circumstances where benefits are received prior to an election to advance a civil action, WSIB will often not commence its own separate action for reimbursement of the benefits paid, but rather, will seek reimbursement by having you advance a subrogated claim on its behalf.

The most common subrogated claim encountered in personal injury matters is that of OHIP.

Interestingly, you should be aware that, pursuant to section 30 (5) of the Health Insurance Act, OHIP is not entitled to advance a subrogated claim for costs incurred or future costs related to injuries sustained in motor vehicle collisions.

Justin Anisman's civil litigation practice at Mason Caplan Dizgun Roti LLP encompasses complex litigation files with an emphasis on subrogated property claims, the defense of lawyers in professional negligence lawsuits, commercial and contractual disputes and employment law matters for both employees and employers.

(19) The Workplace Safety and Insurance Board is not subrogated to a right of recovery of the insured against another person in respect of a payment or benefit paid by the Workplace Safety and Insurance Board to the insured or in respect of a liability to make such payment or benefit.

This decision will be of interest to subrogating insurers and organizations who are seeking damages for poor workmanship.

Adila comes from a litigation background predominantly acting for insurers advising on liability and quantum issues and recovery of insurer subrogated losses.

Since Indalex U.S. was subrogated to the DIP lenders» priority, it became the highest ranking creditor of Indalex, with a claim of $ 10 million.

This includes the subrogated interest of the plaintiff «s employer for repayment of her accumulated sick bank time in the amount of $ 33,354.73.

Counsel liability issues raised by OHIP subrogated claims Counsel representing clients who seek compensation for injuries caused by another's negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long - Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from... Read More»

Action by a Government Authority respecting a subrogated claim on behalf of injured government worker

Successfully pursuing a six figure subrogated action on behalf a foreign state's national compensation body in a litigation that one of the Scotland's most senior QCs described as the most complex case he had ever seen.

The Ontario Court of Appeal recently released this important decision on the position of an insurer whose subrogated claim is combined, as it must be, with the insured's uninsured loss claim in a single action.

The volunteer defence may be raised by defendants in a subrogated action in order to challenge the right of an insurance company to seek recovery for a loss paid to an insured under a policy.

When an insurer steps into the shoes of its insured and commences a subrogated action... it is often desirable for the insurer to withhold the production of certain documents that have been generated during the process of investigating the insured's claim.

In a subrogated claim for property damage, it is usually the plaintiff, the insurance company suing in its insured's name, who has the burden of proving that a defendant is responsible for the loss.