Jun 11, 2021
The idea that an insurance company cannot subrogate against its own insureds seems like common sense, but is this a hard-and-fast rule? What happens when an insurance company tries to seek reimbursement for medical expenses paid to their insured when they also insure the tortfeasor who caused those injuries? What if that insured seeks her own recovery against the tortfeasor for the same medical expenses? What if an insured’s intentional act was the cause of serious injuries or death? Does their insurance company have a right to subrogate to recover those amounts from their insured?
In this installment in our series, follow Rebecca and Steve as they navigate the anti-subrogation rule and explain why insurance carriers cannot typically subrogate against their own insureds, and when such actions may be permitted.