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Expert Analysis

Conn. High Court Hops On The 'Make-Whole' Bandwagon

Law360, New York (August 27, 2013, 12:28 PM EDT) -- Subrogation is the legal doctrine that allows an insurer that has paid a loss on behalf of its insured to step into the shoes of the insured and bring a cause of action against a third party in an attempt to recoup the monies it paid its insured. A common law exception to this rule is the "make-whole doctrine." This equitable doctrine addresses the factual scenario where the third-party tortfeasor does not have enough money to cover the losses of both the insurer and insured — how are the settlement funds distributed?...

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