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LEGAL AND PRACTICAL SUBROGATION ISSUES IN THE U.S.A.

LEGAL AND PRACTICAL SUBROGATION ISSUES IN THE U.S.A.

TABLE OF

TABLE OF CONTENTSPageIntroduction ................................................................... 1Doctrines Limiting The Right Of Subrogated Carriers .................. 11. Economic Loss Limitations .................................. 12. Home Insurance Company v. Pinski Limitation ........... 5Recoveries Against Co-Insureds ............................................ 10Proration Of Recoveries - “First Dollar Out” Doctrine.. ................ 12Subrogation Waiver Issues .................................................. 15Foreign Nationals’ Access To Courts In The United States .............The Impact Of Tort Reform On Subrogation Claims .....................1619

LEGAL AND PRACTICAL SUBROGATIONISSUES IN THE U.S.A.INTRODUCTIONThis paper deals with subrogation in the United States and its legal and practicalimplications. While the paper does not exhaust all potential issues, it does focus on themore recurrent scenarios and problems.Subrogation in the United States is a doctrine of equitable origin which allows aninsurer who has indemnified its insured to stand in his shoes and acquire rights against athird party. While standing in the shoes of the insured, the insurer acquires all of therights and entitlements, as well as all of the limitations and obligations. Therefore, therelationship between the insured and the third party tortfeasor is of paramount concernsince that relationship will determine the rights and responsibilities of the subrogatedinsurer.DOCTRINES LIMITING THE RIGHT OF SUBROGATED INSURERS1. Economic Loss LimitationOne of the more misunderstood and misapplied doctrines in theUnited States is the Economic Loss Rule. The Economic Loss Rule precludes recoveryin tort when a product defect causes only economic losses and does not result in personalinjury or damage to property other than the product itself. The type of economic lossesthat cannot be recovered in tort are the diminution in the value of the product and loss ofMP3 20204330.1

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