Tag Archives: subrogation

Policyholders Must Be “Made Whole” Before Insurers Recover Payments From Third Parties

The Washington Supreme Court recently issued a decision strongly reiterating the “made whole” doctrine under Washington law, which provides that an insurer cannot exercise its right of reimbursement from a third party who injured its insured, until the insured itself has been made whole by recovery of damages or losses it has incurred. In Daniels … Continue Reading

“Pay and Chase” Jeopardized by Court of Appeals

Policyholders representing general contractors and developers frequently urge defending carriers to “pay and chase” – in other words, settle with the owner (“pay”) and then subrogate against the subcontractors or design professionals whose work caused the alleged damage (“chase”) to get reimbursed for the settlement with the owners.  Many carriers are increasingly leery of this … Continue Reading
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