Norfolk & Dedham Fire Insurance v. Aetna Casualty & Surety Co.

How courts have described this case

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

• observing that the “competing equities must be considered in any subrogation ... situation”
• “Subrogation is an equity creature akin to and derived from the law of unjust enrichment and restitution.”
• one who pays as “volunteer” rather than under legal duty can not be subrogated to rights of another
• “It is a doctrine which has particular approval in Vermont as between insurer and insured.”
• “Subrogation is an equity creature akin to and derived from the law of unjust enrichment and restitution.”
• subrogee must have clear equity and subrogation may be defeated by countervailing equities

Source: CourtListener parenthetical corpus (CC0).