Amica Mutual Insurance v. Maloney

How courts have described this case

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

• holding the common-fund doctrine applicable to insurance cases where insured incurred attorney’s fees to recover judgment benefitting subrogated insurer
• observing that “in insurance subrogation cases ... there is but one cause of action for the entire recovery, including the subrogated amount, and that cause of action lies in the name of the insured”
• joining majority of jurisdictions that have extended common fund doctrine to insurance cases where insured incurs attorney’s fees in obtaining judgment or reaching settlement that benefits subrogated insurer
• “We note that the legislature opted to use the limiting phrase ‘an insurer who has not paid a claim on any type of first party coverage’ as opposed to simply stating ‘an insurer who has not paid any type of claim.’”

Source: CourtListener parenthetical corpus (CC0).