Court of Appeals Clarifies Anti-Subrogation Rule

Under the terms of many insurance policies, the insurer has a right of subrogation which permits the insurer to seek recovery from a third party who is responsible for the insured loss. The anti-subrogation rule, as one might expect from the title, imposes a limitation on the insurer’s right to subrogate. In this article, partner Howard Epstein, special counsel Theodore Keyes and former Schulte lawyer Sami Groff discuss a recent Court of Appeals’ decision that clarifies the scope of the anti-subrogation rule.