Sentences with phrase «subrogated rights»

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

Given the contradictory recent court findings on this issue I suspect the BC Court of Appeal will be asked to weigh in on the topic of insurers subrogated rights to costs following the successful defence of a lawsuit.

But even if that argument were not right: (a) the subrogated right of DAS arose not in respect of an indemnity of the claimant for his liability to Helphire, but in respect of the cost to DAS of providing the benefit of the hire car for which DAS was liable to pay Helphire.

Not exact matches

-- 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)--

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 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.

Syncrude had paid out such benefits, and sought to exercise its right, contained in the employment contract, to subrogate for the amount paid out.

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.

The decision is undoubtedly good news to employers in all sectors who maintain the right to subrogate with respect to wage benefits paid out to employees who miss time due to a car accident.

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.

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.

(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.

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.

The application judge found that Intact had «assumed liability» under the contract of insurance and was then subrogated to the rights of its insured under s. 278 of the Insurance Act, R.S.O. 1990, c. I. 8.

(a) is subrogated to and is deemed to be the assignee of all rights of recovery against any other person liable in respect of the loss, damage, bodily injury or death of a person to whom, on whose behalf or in respect of whom the payment of benefits or insurance money is made or to be made, and

You need to know that you will be paid for your damages, and then the insurance company will have the right to go after the Uninsured Motorist that hit you (they will subrogate).

In the event of any payment under the policy, we will be subrogated to the extent of such payment to all the insured person's rights of recovery.

71 (1) On making a payment under section 68 [payments from fund], regardless of whether it is a payment of all or only part of the loss suffered by the person claiming the compensable loss, the compensation fund corporation is subrogated for the amount paid to all rights of recovery of that person as against any other person.

72.3 (1) On making a payment under section 72.2 [payment to complete trade or prevent loss], regardless of whether it is a payment of all or part of the loss suffered by the person referred to in section 72.1 (2)(a), the compensation fund corporation is subrogated to all rights of recovery of that person as against any other person, for the amount paid less any amount re-paid, or that must be re-paid, under section 72.4 (1).