Insured vs. Insurer: Litigating Priorities in Subrogation Proceeds and the Made Whole Doctrine
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide insurance company, policyholder, and in-house counsel through the nuances of the "made whole doctrine" and the many different types of releases, waivers, and other devices insurance companies use to clarify or mitigate its effect to maintain priority recoveries from third parties.
Outline
- Overview of the made whole doctrine
- How subrogation actions are brought
- When does the made whole doctrine apply?
- The meaning of made whole
- Losses above policy limits
- Attorneys fees and costs
- Deductibles and SIRs
- Avoiding the made whole doctrine
Benefits
The panel will review these and other issues:
- What does it mean for a policyholder to be "made whole"?
- What is the difference between contractual, equitable, and statutory subrogation?
- What if the policyholder has significant uninsured loss?
Faculty
Michael Conley
Principal
Offit Kurman
He represents policyholders with claims against insurance companies. His insurance coverage law experience includes... | Read More
He represents policyholders with claims against insurance companies. His insurance coverage law experience includes handling coverage actions on behalf of insureds relating to bad faith claims, defense obligations, law and ordinance exclusions, breach of health insurance contract, crime coverage, employment liability coverage and coverage for asbestos-related claims and environmental liability.
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Matthew R. Greider
Associate Attorney
Matthiesen, Wickert & Lehrer
Mr. Grieder is an associate attorney at the firm’s Austin, Texas branch office. His practice focuses... | Read More
Mr. Grieder is an associate attorney at the firm’s Austin, Texas branch office. His practice focuses on automobile, maritime, property and casualty, and workers’ compensation subrogation cases throughout Texas and the South Central states of Oklahoma and New Mexico. Mr. Grieder graduated undergraduate from the University of Texas and received his law degree from St. Mary’s University School of Law in San Antonio, Texas. He clerked for several Texas firms before litigating at Barnett & Garcia in Austin, as well as Murphy Legal in Austin, where he represented insurance companies in complex construction defect litigation cases.
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Robert M. Horkovich
Managing Shareholder
Anderson Kill
Mr. Horkovich focuses his practice on the area of insurance recovery. He has obtained over $5 billion in... | Read More
Mr. Horkovich focuses his practice on the area of insurance recovery. He has obtained over $5 billion in settlements and judgments from insurance companies for his clients over the past decade. He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate policyholders and governmental entities.
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Michael Wolfer
Partner
Butler Weihmuller Katz Craig
Mr. Wolfer is a Partner in Butler’s Subrogation and Recovery Department in Philadelphia. An experienced... | Read More
Mr. Wolfer is a Partner in Butler’s Subrogation and Recovery Department in Philadelphia. An experienced litigator, he concentrates his practice on property subrogation claims involving construction defects, product liability, structural failure, fire and explosion, water damage, and other casualty losses across the United States. Mr. Wolfer has successfully represented clients in several high-profile cases, including a widely publicized roof collapse in Philadelphia’s Center City, resulting in a high-value recovery for his clients. He also represents clients’ interests in liability defense and insurance coverage matters and enjoys being an arbitrator for the Philadelphia County Arbitration Program.
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