However, the guarantee scheme becomes subrogated
to the claims of the employees and retirees in bankruptcy once it makes payments to them.
While the decision did not address issues of jurisdiction, the Court's analysis hinged upon its recognition that a subrogated
claim for "economic loss" (i.
will be subrogated
to the rights of the first mortgagee, notwithstanding there is at the same time a second mortgage of which he (the lender) is ignorant.
1] can become subrogated
to X's security interest often depends on annulment of the obligation.
Initially, the trial court concluded that the collateral source rule was inapplicable and limited evidence of medical expenses to the amount paid by the subrogated
insurers However, after the close of the evidence, the court reconsidered its decision; the plaintiff was allowed to argue for full reimbursement of the amount billed, and the defense was allowed to argue for recovery of only the amount paid.
The fact that the surety had sustained a loss in completing the contract and was seeking only to be made whole, rather than to make a profit, was overlooked, and the surety's rights were ignored, particularly its rights to be subrogated
to the rights of the owner to utilize unpaid funds for the completion of the project.
This decrease corresponds to a decrease in retirement and severance benefit, which was reserved against the shortfall of the pension fund, as a consequence of such factors as repayment of the subrogated
portion of the employee pension fund to the government and the general recovery in share prices.
I firmly believe that these two goals can co-exist, and that by working together, plaintiffs and subrogated
carriers can maximize results.
The Claimant consequently pursued a subrogated
claim against the First and the Second Respondents seeking a court order against the Respondents with an amount exceeding AED 40 millions and interest.
The federal government is subrogated
to this "overage" and, therefore, there will never be a "double compensation" for the same property as alleged by the author.
Subsequently, the owner's carrier subrogated
Such a government entity is subject to the International Guaranty Agreement (IGA), which governs the resolution of claims against Iran to which it subrogated
The relevant statutory provision states that an automobile insurer who makes any payment to its insured under an automobile insurance contract is subrogated
to all fights of recovery which the insured would have against any person and that the insurer can bring a lawsuit for recovery in the name of the insured.
The contractor also argued that since it was the indemnitor for the surety, it was subrogated
to all rights of the surety, including the right to recover against the subcontractors for repair costs.
interest into the deal Other factors it is wise to consider early in negotiations are the amount and nature of any subrogated
interests claimed by the client's own auto or health insurance company.