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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?

45 minute read June 25, 2013 at 04:29 PM
By
Darren S. Teshima
Valuing Plaintiff's Recoverable Damages

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 the insurance benefits paid.

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