Thus, any failure of these systems to accurately and promptly do so could be just what the subrogating
Simply put, subrogating
a claim means finding out who should be held accountable for an accident.
Because legal principles typically prevent a carrier from subrogating
back against its own insured, when you name the tenant on the same policy as the landlord you eliminate the carrier's subrogation rights against the tenant, and that solves the problem otherwise addressed by the CP 00 40.
Pennsylvania, for example, is a "first-dollar state," meaning the subrogating
employer recovers its lien first and has priority over any awards obtained by way of verdict and/or settlement.
Editorial covers a range of issues in all 50 states, including: attorneys fees; borrowed servant doctrine; cost and expenses; dual capacity doctrine; equitable subrogation; intentional acts; reduction statutes; necessity of intervention; subrogation rights; who qualifies as a third party; waivers; and, subrogating
in medical or legal malpractice cases.