“Mark Roth” “subrogation” “contribution” “American States Insurance Company v. National Fire Insurance Company of Hartford” “statute of limitations” “pleading subrogation”
Practitioners and judges frequently use the terms subrogation and contribution interchangeably. This is legally incorrect and, as one insurance company recently learned, the distinction between the two concepts can be fatal. In American States Insurance Company v. National Fire Insurance Company of Hartford 2012 DJDAR 197, an insurance carrier attempted to subrogate against another carrier...
