The NIF then becomes a preferential creditor in the insolvency proceedings in the group action brought against the employer, subrogated
to the claims of the employees with the same priority that the employee would have had.
The complaint proceeds on the premise that plaintiff "is subrogated
to all rights of RAMONA ESTEVEZ as against the Defendant arising out of the claimed occurrence.
The later lender, who anticipated taking the subrogated
position when making the subject loan, is permitted to assume the lien priority of the loan it satisfied, notwithstanding its failure to gain de jur priority pursuant to Ch.
Bureau Veritas, the court dismissed a suit by the subrogated
cargo insurer, finding there had been no reliance by the cargo owner on the classification certificates issued by the defendant to the vessel owner.
Bay, a bankruptcy trustee is subrogated
to an individual creditor's fraudulent transfer rights, but these rights must be used for the benefit of all the creditors equally.
In a pretrial stipulation, the defendants agreed that the amounts billed by the plaintiffs health care providers were reasonable: However, the defendants filed a motion in limine seeking exclusion of those bills; the proposed justification for the motion was that the collateral source rule does not apply where subrogated
carriers have paid medical expenses.
If the plaintiff's employer compensates the plaintiff for any work absences attributable to the injuries, the employer may have a subrogated
claim for the amounts paid.
Additionally, each of these parties may be subrogated
to the rights of those above them with regard to their lien on funds, potentially resulting in additional liens on funds.
That court has stated that even in the absence of such a clause, the surety is subrogated
to the rights of the owner in such funds for the use of the completion of the project.
The promotion of companywide measures of improvement in business operations, and the repayment of the subrogated
portion of the employee pension fund to the government were contributing factors.
The attorney, who also waived his fee, then asked the Bar if he could reduce the advanced costs owed to the attorney by the client "so that the client may receive some of the settlement after resolving outstanding medical liens and subrogated
Percentage of subrogated
claims with favorable decision