Benge v. State Farm Mutual Automobile Insurance

How courts have described this case

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

• courts have applied the anti-subrogation rule to prevent an insurance carrier from transferring a loss back to the party who has paid for protection from the same loss
• “Where the right [to subrogation] is created by an enforceable subrogation clause in a contract, the contract terms, rather than common law or equitable principles, control.”
• “Where the right [to subrogation] is created by an enforceable subrogation clause in a contract, the contract terms, rather than common law or equitable principles, control.”
• “Clearly, an insurance carrier may not exercise its right to subrogation until it has paid the insured’s damages under the policy giving rise to the subrogation rights.”
• “Clearly, an insurance carrier may not exercise its right to subrogation until it has paid the insured’s damages under the policy giving rise to the subrogation rights.”
• courts have applied the anti-subrogation rule to prevent an insurance carrier from transferring a loss back to the party who has paid for protection from the same loss

Source: CourtListener parenthetical corpus (CC0).