What are the most commonly-litigated subrogation matters in Florida?
Subrogation is defined by Florida law as "the substitution of one person in the place of another with reference to a lawful claim or right." In the context of property insurance law, a subrogation action occurs when the property insurance company pays out a claim to a policy holder, then initiates its own cause of action against the party likely responsible for the damage.
As the legal landscape continues to evolve, subrogation claims are an increasingly complex and interesting area to watch - as the cases often involve highly-nuanced matters buried deep in the language of the policy agreement. The following looks at some of the more pivotal subrogation claims in Florida, and highlights some of the most common issues within this unique sub-set of insurance law.
One of the most common issues within the realm of subrogation actions involves the notion of "contractual subrogation" claims - or, those claims that rely on the terms of a contract (i.e., a release or mediation settlement agreement) to provide for subrogation rights. In these cases, parties often squabble over the clarity or ambiguity of the subrogation clause, and may argue that an unclear clause makes for an unenforceable one. However, Florida law has consistently upheld subrogation contracts that do not necessarily use the word "subrogation" in the terms, holding that "magic words are not required."
For the insured, a subrogation claim is not necessarily a matter to fret over - as it is generally left to the insurance company attorneys to work out. However, working with an experienced and knowledgeable property insurance attorney throughout the claims process can help ensure that the insured is treated fairly and pursuant to the terms of the policy, regardless of whether the insurer believes another entity or individual is at fault.
If you are facing an uphill battle with your property insurer in Florida, please do not hesitate to contact Pekar Law, P.A. today: 813-712-8762.