When an insurer partially compensates its policyholder for a loss caused by a responsible party, it may assert a subrogation claim against the responsible party to recover the amount of
Valuing Plaintiff's Recoverable Damages
What happens when a responsible party settles a subrogation claim for less than the amount of benefits paid by the insurer? Can the party then offset a damages award by the full amount of the subrogation claim, and in so doing, potentially pay less than the full amount of the damages it caused?
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