Amerisure Insurance v. Navigators Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that a contractual subrogation right entitled the over-paying insurer to recovery only if it paid in the absence of a duty to indemnify
• arguing that “step children of the primary beneficiary are not successors under per stirpes when the primary beneficiary pre- deceases the insured”
• noting that this is relevant to whether to permit contractual subrogation
• agreeing “with the majority of courts that have examined this issue” and rejecting “the overly broad view of Mid-Continent’s subrogation exclusion”
• “Ovintiv never filed anything documenting its claim for overpayment in the real property records.”
• attorney’s fees request premature where entitlement to recovery was unresolved

Source: CourtListener parenthetical corpus (CC0).