Exculpatory Agreements and Liability Waivers In All 50 States

This chart provides a general summary of how exculpatory agreements and liability waivers are treated in all 50 states. Exculpatory agreements are often accompanied by such contractual risk management tools as indemnification agreements, covenants not to sue, a severability clause, a venue and jurisdiction clause, a mediation/arbitration provision, and an assumption of risk statement. Interpreting…

Anti-Subrogation Rule In All 50 States

The Anti-Subrogation Rule (“ASR”) is a common law defense to subrogation. It states that a subrogated insurance company standing in the shoes of its insured cannot bring a subrogation action against or sue its own insured. This chart provides an overview of the ASR generally, as well as the nuances of its application in all…

Subrogation Of Criminal Restitution In All 50 States

This chart covers subrogation of criminal restitution laws. Subrogated carriers often overlook the possibility of obtaining court-ordered restitution from a criminal defendant as part of their sentencing, which usually hinges on whether the state involved has defined “victim” to include indirect victims such as insurance companies.

The Societal Benefits of Subrogation

This is an article on the societal benefits of subrogation that covers the origins and purpose of subrogation, defines and explains the three types of subrogation and how each comes into play, how subrogation helps lower insurance premiums, reduces the number of lawsuits for insurers, and it’s effect on the Experience Modification Factor.

Made Whole Doctrine In All 50 States

This 50-state chart is a compilation of summaries of the law with regard to the Made Whole Doctrine and its applicability to subrogation generally. With the Made Whole Doctrine affecting every line of subrogation, understanding each state’s made whole laws is vital to a successful subrogation result.