Experienced subrogation attorneys Jason Sullivan and Rebecca Wright presented at the NASP Annual Conference in Austin, Texas on Underinsured Motorist Subrogation: Tackling the Combined Challenges of Insured and Uninsured Subrogation. This presentation included information about subrogation laws in all 50 States, and the specific limitations and actions that apply when the at-fault party has insufficient policy limits to cover the damages they caused.
When a tortfeasor’s insurance policy limits does not cover total damages, what recourse does the insured, and their provider, have? Can the tortfeasor be held liable for that difference in total coverage and total damages in a subrogation case? Is complete recovery via subrogation even possible in cases of underinsured tortfeasors? Sullivan and Wright’s talk discussed these nuances of underinsured motorist subrogation, namely, how the answers to these questions differ by state insurance and insurance subrogation law, and how these differences must guide an attorney’s approach to managing a given subrogation case.
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