Posts Categorized: Subrogation

Posted: May 31, 2018

Insured Not “Indispensable Party” In Insurer’s Subrogation Action Where Joinder Would Defeat Diversity Jurisdiction

On May 25, 2018, Judge Furman of the SDNY issued a decision in American Ins. Co. v. Kartheiser, Case No. 17-CV-5545 (JMF), denying a motion to dismiss a subrogation action for failure to join the insured as a party. In American Ins. Co., an insurer brought a subrogation action in federal court, seeking to recover amounts... Read more »

Posted: September 25, 2014

No Claim for Equitable Subrogation Where Payments Were Voluntary Settlements

On September 12, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Hong Leong Fin. Ltd. (Singapore) v. Morgan Stanley, 2014 NY Slip Op. 51396(U), dismissing a claim for equitable subrogation. In Hong Leong Fin. Ltd., the defendants moved to dismiss the complaint of “Plaintiff Hong Leong Finance Limited (Singapore)... Read more »