Why Interventions Matter: The Da Nolt Case And The Growing Problem Of Courts Denying Subrogated Carriers A Seat At The Table
There is a growing and troubling trend in courts across the country: denying subrogated insurance carriers the right to intervene in pending litigation on the theory that the insured’s attorney already “adequately represents” the insurer’s interests. While this assumption may appear superficially convenient, it rarely holds true in practice. Subrogation is complex. Its objectives differ…