The article of the month provides information on subrogation. The subrogation provision is common in insurance policies. Essentially, subrogation is a means by which the insurer steps into the shoes of the insured, collecting from an entity responsible for a loss the money it has paid to the insured. There are some questions that do arise when subrogation comes into play and the article of the month discusses the questions and offers a review of several legal opinions on the subject.

The court cases this month come from Illinois, the U.S. District Court (Colorado), Pennsylvania, and Kansas.

The Appellate Court of Illinois, Second District, rules on the issue of when coverage for a malicious prosecution claim is triggered. Is coverage triggered at the termination of the prosecution or at the commencement of the alleged malicious prosecution? The U.S. District Court, Colorado reviewed an additional insured endorsement and had to decide if the party claiming additional insured status met the requirements for that status. The Superior Court of Pennsylvania faced a question of whether a named driver only auto policy was contrary to state law and public policy. The final case comes from the Supreme Court of Kansas. The court had to decide if a policy that provided coverage for “covered travel” provided coverage for a student who was injured while being driven to a soccer match.

Consent Judgment Litigation

This article was written by Catalina J. Sugayan, Carol J. Gerner, and Michael A. Boshardy and was presented at the DRI seminar in March 2015. The article presents a 50 state overview of consent judgments and whether such judgments are binding on insurers. See Consent Judgment Litigation.

Uninsured Motorist Gumbo

This article was written by Mr. Thomas L. Carpenter and presented at the DRI seminar in Chicago in March 2015. The article offers a mixture of several issues relevant to the heart of auto uninsured motorists (UM) coverage. The meaning of the terms “uninsured” and “underinsured” is noted, along with various judicial rulings on UM issues. Stacking and PIP protection are also discussed. See Uninsured Motorist Gumbo.

Motorized Snowmobiles Form

Like golf carts, motorized snowmobiles are their own special type of property. Not really an auto, but not normal personal property or yard equipment, snowmobiles are in a class of their own. Therefore, an inland marine form is the best way to provide coverage. This article describes the coverage, the causes of loss, the deductible, and the loss conditions offered under the ISO form, PM 00 34. See Motorized Snowmobiles Form.

Installation Coverage Form

The Insurance Services Office (ISO) offers an installation coverage form, IH 00 73, that is used to meet the needs of building owners, tenants, or contractors that require broad coverage for the property used in renovating or upgrading buildings. This article analyzes the insuring agreement, the covered causes of loss, additional coverages, coverage options, exclusions, conditions, and definitions found in the form. Endorsements available for use with IH 00 73 are also noted. See Installation Coverage Form.