Made Whole

Made Whole Doctrine Class Action Suits and Bad Faith Litigation Continue to Threaten Subrogation Claims

One of the most successful weapons trial lawyers have discovered in combatting subrogation across the country has been the Made Whole Doctrine. It requires an insured to be fully compensated for damages (i.e., to be “made whole”) before the insurer is entitled to recover in subrogation from the at-fault third party tortfeasor. This “equitable” rule…

Landlord

WHEN LANDLORD’S CARRIER SUBROGATES AGAINST TENANT IN DELAWARE, READ THE LEASE: Donegal Mut. Ins. Co. v. Thangavel, 2023 WL 4605076 (Del. 2023)

Across the country, landlord/property owners’ insurance carriers’ efforts to subrogate against tenants who cause damage to the owners’ property has become a heavily-litigated issue—with mixed results. The ability of a landlord’s property insurer to subrogate against a tenant for property damage caused by the negligence of the tenant depends on which state the loss occurs…