Sentences with phrase «principle of subrogation»

Accordingly, solicitors are wise to develop a working knowledge of the principle of subrogation, and to implement file management... [more]

The principle of subrogation is applied when an insurance company has paid out benefits on behalf of their insured.

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.

Not exact matches

Where this kind of issue arises, we'd routinely use the principles of unjust enrichment (including subrogation) to put the burden of the loss onto the person (including the system) that should justly bear the loss.

The subrogation claim, although potentially applicable to non-signatories, did not give rise to fee entitlement because nothing allowed cross-complainant to step in the shoes of any party to the construction loan agreement — so, if cross-complainant could not recover for fees, Bank could not either under either contractual interpretation or Civil Code section 1717 reciprocity principles.

(ii) In relation to the first issue, the conclusion followed from two basic principles: (a) the rule that an insurer could not recover by way of subrogation more than its true outlay; and (b) the rule that collateral benefits should be taken into account in assessing damages.

The Court extensively discusses the doctrine of subrogation, as well as bankruptcy law principles regarding the vesting of property in a Trustee upon bankruptcy and the inability of undischarged bankrupts to bring claims in their name.

This conclusion gives effect to both the objectives and principles of the doctrine of subrogation and established principles of bankruptcy law.

The broad principle enunciated in Mariner conflated the concepts of subrogation and assignment and is incorrect in law.

The doctrine of subrogation is rooted in the principle of indemnity and State Farm indemnified the Trustee for Mr. Douglas's loss; under bankruptcy law, the Trustee, and not Mr. Douglas, had the capacity to commence the action; and under the doctrine of subrogation, upon becoming the dominus litus, State Farm (and not the Trustee) was entitled to control the litigation.