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Articles - Subrogation and related doctrines

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A New Reason for Restitution: The Policy against Accumulation (abstract only) by Simone Degeling (Oxf Jour of Legal Stud) (2002)

Allocation And Uncertainty In The Age Of Superfund: A Critique Of The Redistribution Of CERCLA Liability by Steven Ferrey (New York Univ Environmental Law Jour) (1994)

Apportioning Attorney's Fees in Workers' Compensation Third Party Actions: The Need for Legislative Reform by Gary L Wickert (Texas Bar Jour) (1990)

Apportionment under the Civil Liability Act by Amanda Stickley (Queensland Lawyer) (2008) New 20 Sep

Buder: The Extent of Equitable Recoupment by Wendy C Gerzog (Tax Notes) (ssrn) (March 2006)

Can Workers' Compensation Carriers Subrogate Against Uninsured Motorists' Benefits? by Gary L Wickert (Matthiesen, Wickert & Lehrer) (also here) (2003)

Common Law Tort Defenses Under CERCLA by Jonathan T Uejio (Fordham Environmental Law Report) (1989)

Comparison between the Guarantee in English Law and the 'Bürgschaft' in German Law by Götz-Sebastian Hök and André Jahn (Eurojuris Law Jour) (February 2003)

Contribution, reimbursement and unjust enrichment by Charles Mitchell (book extract) (also Definitions and Outline) (2003)

Deregulating Insurance Subrogation: Towards an Ex Ante Market in Tort Claims by David Rosenberg (November 2002)

Distinct Subrogation Issues: Pandora's Box by John J O'Brien (O'Brien & Hennessy Group)

Endgame? How The Tobacco Litigation May Finally End For Good, In Judge Weinstein's New York Courtroom by Anthony J Sebok (FindLaw) (April 2001)

Equitable Subrogation Unsettled by Lawrence P Heffernan (Title News) (1998)

Finding another pocket for payment on your delinquent account: does the unjust enrichment doctrine apply? by Scott Blakeley (Blakeley and Blakeley) (also here and here )

Found Money - Companies embrace subrogation to improve financial performance (Viewpoint) (2000)

Georgia's new insurance reimbursement subrogation statute by Dwight A Meredith (Wood & Meredith) (1997)

Insurance payments (mis)directed, equitable maxims (mis)used, and restitution doctrines missed by Eoin O'Dell (1997) PDF

Legal subrogation and the person who is a member of the household of the insured: once again by François Duprat (aussi en Francais) (Lavery, de Billy) (March 2001)

Liens, Assignments, Subrogation and Other Traps for the Claimant's Lawyer by Glenn E Bradford and Amy Kiefer Hansen (Jour of the Missouri Bar) (1997)

Marshalling Securities in the Context of Insolvency a Guide by Ralph Simmonds (Murdoch University Electronic Jour of Law) (December 2003)

Of Proprietary Restitution, Insurers' Subrogation and Insolvency Set-Off - The Untenable Case of Re Ballast by Look Chan Ho (September 2007) (ssrn.com) PDF

Out of Left Field: Subrogation Claims Against Architects and Engineers by Steven GM Stein, Stephen E Ray, & Carl L Popovsky (c-risk) (2000) (also here)

Performance of Another's Obligation: French and English Law Contrasted by Simon Whittaker (Oxford Univ Comparative Law Forum 7) (2000) (there is a discussion forum for this article)

Recovering health insurance benefits after trial or settlement: liens, subrogation and collateral sources by Andrew V Siracuse (2001)

Reimbursement of defense costs: An insurer's duty to defend or duty to lend (Public Liability) (September 2006) (also here)

Reinsurer claims to subrogation and salvage recoveries in a receivership context by Robert M Hall (Piper Marbury Rudnick & Wolfe) (2000)

Restitution revisited by Scott Blakeley (Blakeley and Blakeley) (1995)

Restitutionary rights to share in damages - Carers' claims by Simone Degeling (book extract) (also here) (2003)

Seven myths about equitable subrogation by J Michael Franks (Manier and Herod) (2000)

Some notes on "Subrogation" (Health Administration Responsibility Project) (2000)

Subrogating Defective Firestone Tires by Gary L Wickert (Matthiesen, Wickert & Lehrer) (2003)

Subrogation by Eugene G Beckham (Beckham and Beckham) (2000)

Subrogation by George W Nowell (Maritime Law Association of the United States) (July 2001)

Subrogation and the Self-Insured by Gary L Wickert and Mark T Curry (Texas Corp Counsel Law Rev) (1995)

Subrogation of automobile med pay in Florida by Eugene G Beckham (Beckham and Beckham)

Subrogation, Suretyship, and the Law of Restitution by Michael Ian Jackson (thesis abstract) (1988)

Taking subrogation seriously: The Blue Cross-Blue Shield Tobacco litigation reconsidered by Mark C Weber (Brooklyn Law Rev) (2001)

The Bailment Subrogation Claim by John J O'Brien

The case against subrogation Gregory S Munro (Univ of Montana School of Law)

The Expanding Ability of an Insurer to Recoup Costs Expended for Uncovered Claims by Andrew S Boris (Insurance Jour) (August 2004)

The source of liability in indemnity and contribution by Andrew Kull (Loyola of Los Angeles Law Rev) (2003)

Tort and Unjust Enrichment Intersect Again by Simone Degeling (2006) (King's Law Jour) (abstract only)

Tort Immunity: Covenants to Insure and Waivers of Subrogation by Nigel P Kent (Clark, Wilson) (October 2002)

Understanding and Problematizing Contractual Tort Subrogation by Brendan S Maher and Radha A Pathak (Loyola University Chicago Law Jour) (ssrn.com) (August 2008) PDF

Understanding Experience Modifiers - Can Subrogation Really Affect Your Premiums? by Gary L Wickert (Texas Corp Counsel Law Rev) (1996)

Understanding waivers of subrogation by Gary L Wickert (Matthiesen, Wickert & Lehrer) (2003)

Unpaid Road Dues are an Unjust Enrichment by Don Payne (FOCA Road Committee) (also here)

Use Legal Precedent to Fight Payer Take-Backs by Gil Weber (Ophthalmology Management) (also here) (March 2002)

Waiving Goodbye To Subrogation Claims by Eric L Singer (Wildman, Harrold, Allen & Dixon) (2000)

Welfare Benefit Funds and Subrogation for Partial Settlements by James M Steinberg (cpaSPAN) (1999)

Wolf v. Spariosu, 706 So.2d 881 (Fla Dist Ct App 1998) (mortgages - subrogation) by Dale Whitman

Workers' Compensation Subrogation - Negotiating within the Mine Field by Michael D Barrett (Cousineau, McGuire & Anderson Chartered)

Workers' compensation subrogation: the newly amended statute by Michael D Barrett (Cousineau, McGuire & Anderson Chartered)

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This page was compiled by Steve Hedley, to whom all comments should be addressed.
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