when, and to the extent that, the tortfeasor
has paid more than his or
5, providing for lien notices against an injured party, the victim's attorney and a tortfeasor
Generally speaking, three separate principles emerge from the court's review of case law: (1) underinsured-motorist coverage should place the insured in the same position he or she would have occupied if the tortfeasor
had carried insurance in the same amount as the insured; (2) underinsured-motorist coverage exists to fill the gap between the amount received from the tortfeasor
's insurance and the amount of the insured's underinsured-motorist policy limit; and (3) underinsured-motorist coverage is not intended to allow the insured to recover amounts from the insurer over and above the insured's underinsured-motorist policy limit.
the debt owed to you by the tortfeasor
; nor is the tortfeasor
It is required in order to link the harm inflicted on the plaintiff to the breach of duty owed by the tortfeasor
16) The rule strives to make an injured party financially whole by holding a defendant liable for damages and giving the benefit of a windfall to a plaintiff in a tort action instead of to the tortfeasor
Stein went further, rejecting Aetna's claim that it was entitled to recover against Hanover under principles of equitable subrogation, stating, " in the typical example of subrogation, an insurer attempts to recoup covered medical expenses from the tortfeasor
who caused the insured's injuries and need for treatment in the first place In such circumstances, as a matter of fairness, an insurer who was compelled by contract to pay for medical treatment required by its insured due to the negligent or intentional actions of another ought to be able to obtain reimbursement from the party who was at fault and caused those damages.
Had the hotel employees not revealed private information, it would have been much more difficult for the primary tortfeasor
to obtain his secret videos.
In those cases, a tortfeasor
can usually be identified and, to the extent that tortfeasor
is solvent, held liable to compensate the victims.
More technically, after determining the estimated cost of eliminating the nuisance, a decision is made (in court after the fact, or by the regulator in advance) concerning a payment to the tortfeasor
of part of the amount--e.
This complicated common law simplicity only slightly: A joint tortfeasor
could obtain contribution from other joint tortfeasors
but only on a share-and-share-alike basis.
For example, in jurisdictions recognizing implied or equitable indemnity, if two tortfeasors
are both liable for an injury, but one was an active tortfeasor
and one a passive one, a court may require the active tortfeasor
to indemnify the passive tortfeasor