Appeals court weighs equitable versus contractual subrogation

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted November 21, 2023 11:53 AM

The 1st District Appellate Court recently held that an insurer was entitled to subrogate to the rights of an insured despite the fact a different insured received the insurer’s payment for loss.The case is Zurich American Insurance Co. v. Infrastructure Engineering, Inc., 2023 IL App (1st) 230147 (Oct. 24). The insurer, Zurich, was represented by Nielsen, Zehe & Antas P.C. of Chicago. Karbal, Cohen, Economou, Silk & Dunne LLC of Chicago represented the entity against whom the subrogation action was filed …

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