Sentences with phrase «prevents subrogation»

Second, preventing subrogation against a renters insurance policy or against a landlord's policy has the unintended effect of spreading costs in an inherently unfair manner.

However, a waiver of subrogation in the lease, by case law, or by the Sutton Rule would prevent subrogation in both of those situations.

However, a waiver of subrogation in the lease, by case law, or by the Sutton Rule would prevent subrogation in both of those situations.

Not exact matches

Having your own personal property coverage prevents this issue — in the aforementioned hypothetical fire, your Amherst renters insurance would pay for your property loss and would then go after the negligent party who started the fire in a process called subrogation.

All of this can be prevented with a renters insurance policy, and that policy would defend you against the subrogation attempt, as well.

The tortfeasor's submissions misunderstood the nature of subrogation in an insurance case such as this — contractual subrogation — as against subrogation as a remedy to prevent unjust enrichment.

Coventry Health Care v. Nevils (Does the Federal Employee Health Benefits Act's express - preemption provision preempt state laws that prevent carriers from seeking subrogation or reimbursement and, if so, is preemption by contract consistent with the Supremacy Clause)(co-counsel on the merits)

Contractual subrogation — as in insurance cases — and subrogation as a remedy to prevent unjust enrichment were two distinct institutions and were not to be confused.

Having your own personal property coverage prevents this issue — in the aforementioned hypothetical fire, your Amherst renters insurance would pay for your property loss and would then go after the negligent party who started the fire in a process called subrogation.

First, if there is a loss to your property caused by the landlord's negligence, and either your lease, the Sutton Rule, or your state prevents renters insurance subrogation, you and your renters insurance company have zero recourse to recover those funds, your deductible, or any expenses in excess of your policy limits.

That prevents a potential claim or subrogation from hanging over their head for potentially years.

All of this can be prevented with a renters insurance policy, and that policy would defend you against the subrogation attempt, as well.