Category Archives: Subrogation

Cases involving insurers’ attempts to recoup payments by way of subrogated claims. Includes waiver or loss of subrogation through contractual risk transfer, additional insured endorsements, etc.

Subrogation by Landlord’s Insurer Permitted Despite Tenant’s Rent Being Applied to Landlord’s Insurance Premiums

1044589 Ontario Inc. (Nantucket Business Centre) dealt with the frequently-litigated issue of the right of a landlord’s insurer to advance a subrogated claim against a tenant. Here, Madam Justice Ruth E. Mesbur held that the landlord’s insurer was entitled to … Continue reading

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Court Dismisses Uninsured Claim on Basis of Waiver of Subrogation Clause in Lease

Posted in Contract, Insurance News, Subrogation | 1 Comment

C.A. Says Covenant to Insure Does Not Necessarily Imply Waiver of Right to Sue

┬áIn The Provident Bank v. Wells Fargo Bank Northwest, released today, the Court of Appeal considered whether a party’s covenant to insure had the effect of relieving the party to whom the covenant was allegedly given, from liability in negligence. … Continue reading

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Insurer Can’t Subrogate Against Additional Insured, Even Under Separate Policy

In Lacombe v. Phillips et al., Master Robert Beaudoin has ruled that an insurer cannot subrogate against an entity named as an “additional insured” in one of its policies, even when the payment sought to be recovered was made under … Continue reading

Posted in Insurance News, Subrogation | 2 Comments