Equitable apportionment for subrogation claims comes to Illinois
Effective January 1, Illinois will be among the states that have enacted a modified version of the “make whole” doctrine for subrogation claims, Rockford lawyer Mark Rouleau writes in the latest issue of Trial Briefs, newsletter of the ISBA Civil Practice Section.
"The 'Make-Whole' or 'Made Whole' Doctrine is an equitable principle that a third party insurance company claimant will not receive any of the proceeds from the settlement or adjudication of a claim, except to the extent that the settlement funds exceed the amount necessary to fully compensate the insured for the loss suffered," Rouleau writes. "Only after the injured party has been fully compensated for all the loss does the third party claimant receive payment from the settlement or judgment." Read his article and find out more.