subrogation claim (Vermont) · Go Syfert
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subrogation claim in Vermont

14 Vermont opinions name it 2 courts 1887–2025 1 in the last five years

The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Allied Mutual Insurance Co. v. Heikengreen
iowa · 2004 · cited in 2 Vermont opinions naming this issue, 2008–2013
2 sentences

2008The Heiken court discussed the equitable underpinnings of subrogation law, ultimately concluding that an insurer in Utica’s position “may also have a subrogation claim against the tortfeasor, despite the settlement and release, based on principles of equity that preclude the tortfeasor from using the settlement and release as a defense when the tortfeasor had knowledge of the subrogation rights.” Id. at 830 .

2008When such a release has been given, the subrogated insurer “has a means to seek reimbursement from the insured for its loss based on breach of contract, not on a claim for subrogation,” Allied Mutual Insurance Co. v. Heiken, 675 N.W.2d 820, 826 (Iowa 2004), and may be able to pursue a subrogation claim against the tortfeasor under certain circumstances. ¶ 10.

12
Travelers Insurance Co. v. Williamsgreen
tenn · 1976 · cited in 1 Vermont opinions naming this issue, 2025–2025
1 sentence

2025As the Supreme Court of Tennessee explained in Travelers Insurance Co. v. Williams, “[u]pon payment by the insurer of a loss, it becomes the real party in interest with respect to the subrogation claim, and has the right to bring suit in the name of the insured, or in its own name.” 541 S.W.2d 587, 590 (Tenn. 1976) (citations omitted).

11
Agency of Natural Resources v. Glens Falls Insurancegreen
vt · 1999 · cited in 1 Vermont opinions naming this issue, 2011–2011
1 sentence

2011DISCUSSION The Vermont Supreme Court has held “that when with knowledge of facts that would place liability for a loss on another insurer, an insurer negotiates and settles a claim against its insured without expressly reserving rights to pursue a cause of action for contribution, indemnity or subrogation at a later time, such a claim is waived.” Agency of Natural Resources v. Glens Falls Insurance Co., 169 Vt. 426, 436 (1999)(citing Jefferson Insurance v. Travelers Insurance, 159 Vt. 46, 50 (1992)).

11
Gibbs v. Hawaiian Eugenia Corporationgreen
ca2 · 1992 · cited in 1 Vermont opinions naming this issue, 2008–2008
1 sentence

2008Because a subrogated insurer’s rights against a third-party tortfeasor are derivative of the insured’s rights, see Gibbs v. Hawaiian Eugenia Corp., 966 F.2d 101, 106 (2d Cir. 1992), the subrogation claim is also subject to any defenses the tortfeasor (or its insurer) could assert against the insured. 16 L.

11
State Farm Fire & Casualty Co. v. Pacific Rent-All, Inc.green
haw · 1999 · cited in 1 Vermont opinions naming this issue, 2008–2008
1 sentence

2008The subrogated insurer can still recover from the tortfeasor.” Id. at 767 (emphasis omitted). ¶ 16.

11
Rausch v. Allstate Insurancegreen
md · 2005 · cited in 1 Vermont opinions naming this issue, 2006–2006
1 sentence

2006Id. at 816.

11
Zoppi v. Trauriggreen
njsuperctappdiv · 1990 · cited in 1 Vermont opinions naming this issue, 2003–2003
1 sentence

2003See Neubauer v. Hostetter, 485 N.W.2d 87, 89-90 (Iowa 1992); Zoppi v. Traurig, 598 A.2d 19, 21 (N.J.

11
Neubauer v. Hostettergreen
iowa · 1992 · cited in 1 Vermont opinions naming this issue, 2003–2003
1 sentence

2003See Neubauer v. Hostetter, 485 N.W.2d 87, 89-90 (Iowa 1992); Zoppi v. Traurig, 598 A.2d 19, 21 (N.J.

11
York Ins. Group of Maine v. Van Hallgreen
me · 1997 · cited in 1 Vermont opinions naming this issue, 2000–2000
1 sentence

2000Cf. Van Hall, 704 A.2d at 369 (phrase “to the extent of our payment” contained in insurance contract “does not clearly address the question whether the insured is permitted to retain a prorated portion of the cost of recovery from its obligation under the contract’s subrogation clause”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
National Union Fire Insurance Company v. Grimes green
minn · 1967
2 sentences

2013Co. v. Grimes , 153 N.W.2d 152 (Minn. 1967).

2013Co. v. Grimes, 153 N.W.2d 152 (Minn. 1967).

22013–2013
Union Mutual Fire Insurance v. Joerg green
vt · 2003
2 sentences

2006As explained in Union Mutual Fire Insurance Co. v. Joerg, 2008 VT 27 , 175 Vt. 196 , 824 A.2d 586 , the doctrine of subrogation is premised on theories of promoting restitution and avoiding unjust enrichment.

2006In Joerg , we held that where the lease required the landlord to carry fire insurance on the premises, the insurance was for the mutual benefit of the parties and the tenant was therefore deemed a coinsured and protected against an insurer’s subrogation claim. 2003 VT 27, ¶ 11 .

22006–2006
National Bank v. Cushing green
vt · 1881
2 sentences

1916Bank v. Cushing, 53 Vt. 321 ; Underwood v. Metropolitan National Bank, 144 U. S. 669 , 36 L. ed. 586.

1887Bank v. Cushing, 53 Vt. 321 .

21887–1916
Guiel v. Allstate Insurance green
vt · 2000
2 sentences

2025Accordingly, if the insured initiates the lawsuit and, after prevailing in such lawsuit, secures the insurer’s subrogation interest without any contribution from the insurer, the common-fund doctrine justifies reducing the insurer’s subrogation interest by a proportional share of the insured’s attorney’s fees for securing “a judgment or settlement that satisfies the insurer’s subrogated interest.” Guiel, 170 Vt. at 468-69 , 756 A.2d at 780-81 . ¶ 19.

2025Accordingly, if the insured initiates the lawsuit and, after prevailing in such lawsuit, secures the insurer’s subrogation interest without any contribution from the insurer, the common-fund doctrine justifies reducing the insurer’s subrogation interest by a proportional share of the insured’s attorney’s fees for securing “a judgment or settlement that satisfies the insurer’s subrogated interest.” Guiel, 170 Vt. at 468-69 , 756 A.2d at 780-81 . ¶ 19.

12025–2025
Jefferson Insurance v. Travelers Insurance green
vt · 1992
1 sentence

2011DISCUSSION The Vermont Supreme Court has held “that when with knowledge of facts that would place liability for a loss on another insurer, an insurer negotiates and settles a claim against its insured without expressly reserving rights to pursue a cause of action for contribution, indemnity or subrogation at a later time, such a claim is waived.” Agency of Natural Resources v. Glens Falls Insurance Co., 169 Vt. 426, 436 (1999)(citing Jefferson Insurance v. Travelers Insurance, 159 Vt. 46, 50 (1992)).

12011–2011
Cushman & Rankin Co. v. Boston & Maine Railroad green
vt · 1909
2 sentences

2008Vermont Mutual’s position is also undermined by the holding in the only Vermont case directly on point, Cushman & Rankin Co. v. Boston & Maine R.R., 82 Vt. 390 , 73 A. 1073 (1909), upon which the trial court also relied.

2008Vermont Mutual’s position is also undermined by the holding in the only Vermont case directly on point, Cushman & Rankin Co. v. Boston & Maine R.R., 82 Vt. 390 , 73 A. 1073 (1909), upon which the trial court also relied.

12008–2008
Dubie v. Cass-Warner Corporation green
vt · 1966
2 sentences

2007The purpose of the amendment was "to save the injured workman's common law action, subject only to the employer's subrogation claim for compensation previously awarded." Dubie, 125 Vt. at 479 , 218 A.2d at 696 . ¶ 20.

2007The purpose of the amendment was "to save the injured workman's common law action, subject only to the employer's subrogation claim for compensation previously awarded." Dubie, 125 Vt. at 479 , 218 A.2d at 696 . ¶ 20.

12007–2007
Windsor School District v. State green
vt · 2008
1 sentence

2006As explained in Union Mutual Fire Insurance Co. v. Joerg, 2008 VT 27 , 175 Vt. 196 , 824 A.2d 586 , the doctrine of subrogation is premised on theories of promoting restitution and avoiding unjust enrichment.

12006–2006
Bullard v. Leach green
vt · 1854
1 sentence

1980Ward v. Seymour, supra. It should be noted that while many of the older cases speak in terms of the second mortgagee becoming an assignee in equity on redemption, see Ward v. Seymour, supra; Wheeler v. Willard, supra; Bullard v. Leach, supra, further examination reveals that the Court actually was referring to the doctrine of subrogation, not assignment.

11980–1980
Wheeler v. Willard green
vt · 1871
1 sentence

1980Ward v. Seymour, supra. It should be noted that while many of the older cases speak in terms of the second mortgagee becoming an assignee in equity on redemption, see Ward v. Seymour, supra; Wheeler v. Willard, supra; Bullard v. Leach, supra, further examination reveals that the Court actually was referring to the doctrine of subrogation, not assignment.

11980–1980
Ward v. Seymour green
vt · 1878
2 sentences

1980Ward v. Seymour, supra. It should be noted that while many of the older cases speak in terms of the second mortgagee becoming an assignee in equity on redemption, see Ward v. Seymour, supra; Wheeler v. Willard, supra; Bullard v. Leach, supra, further examination reveals that the Court actually was referring to the doctrine of subrogation, not assignment.

1980Ward v. Seymour, supra. It should be noted that while many of the older cases speak in terms of the second mortgagee becoming an assignee in equity on redemption, see Ward v. Seymour, supra; Wheeler v. Willard, supra; Bullard v. Leach, supra, further examination reveals that the Court actually was referring to the doctrine of subrogation, not assignment.

11980–1980
Underwood v. Metropolitan National Bank neutral
scotus · 1892
1 sentence

1916Bank v. Cushing, 53 Vt. 321 ; Underwood v. Metropolitan National Bank, 144 U. S. 669 , 36 L. ed. 586.

11916–1916
Keller v. Ashford green
scotus · 1890
1 sentence

1902Keller v. Ashford, 133 U. S. 610 ; Crowell v. Hospital of St.

11902–1902

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 21, § 624 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 100 (1897–2026) IL 97 (1879–2026) TX 95 (1890–2026) OH 80 (1929–2025) NY 71 (1876–2025) CA 65 (1919–2024) MN 64 (1913–2026) WI 55 (1913–2019) AL 40 (1874–2024) NJ 40 (1942–2026) NC 38 (1911–2022) FL 37 (1916–2024) IN 36 (1853–2025) LA 35 (1914–2018) TN 31 (1932–2024) MS 27 (1880–2020) MI 27 (1886–2023) CT 26 (1919–2026) GA 26 (1893–2014) MO 25 (1898–2023) WA 25 (1928–2024) MD 24 (1933–2024) NE 23 (1895–2018) KS 23 (1885–2006) WV 22 (1896–2015) KY 21 (1909–2026) CO 20 (1931–2021) OK 19 (1924–2017) MA 18 (1924–2020) UT 16 (1929–2018) IA 16 (1916–2022) MT 15 (1933–2016) VT 14 (1887–2025) NM 14 (1960–2019) AZ 14 (1908–2021) ND 14 (1915–2026) DE 13 (1979–2025) OR 12 (1923–2022) VA 12 (1881–2023) AR 11 (1922–2011) ME 9 (1943–2015) ID 9 (1899–2013) AK 7 (1978–2021) NV 7 (1985–2025) RI 6 (1928–2006) DC 6 (1981–2024) WY 4 (1980–2023) SD 4 (1927–2008) SC 4 (1954–2024) HI 3 (1972–2025) VI 2 (2015–2026) NH 2 (1962–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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