2nd Circ. Sends Deductible Question To Conn. Court

Law360, New York (April 29, 2011, 7:51 PM EDT) -- The Second Circuit asked the Connecticut Supreme Court on Friday to weigh in on whether the state's make whole doctrine entitles TD Banknorth Insurance Agency Inc. to recover its policy deductible before its insurer can collect its own compensation.

A three-judge panel in the Second Circuit certified to the Connecticut Supreme Court the question of whether insurance policy deductibles are subject to the make whole doctrine, which provides that an insurer may enforce its subrogation rights only after the insured has been fully compensated for all...
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