Does a carrier's decision not to pursue subrogation rights after it has properly paid claims under the insurance policy affect the insured's benefits?

California, United States of America


The following excerpt is from New Plumbing Contractors, Inc. v. Nationwide Mutual Ins. Co., 7 Cal.App.4th 1088, 9 Cal.Rptr.2d 469 (Cal. App. 1992):

A carrier's decision regarding pursuing its subrogation rights after it has properly paid claims under the insurance policy does not affect the insured's receiving the benefits of the insurance agreement. As explained in Love v. Fire Ins. Exchange, supra, 221 Cal.App.3d 1136, 271 Cal.Rptr. 246, "Insurance contracts are unique in nature and purpose. [Citation.] An insured does not enter an insurance contract seeking profit, but instead seeks security and peace of mind through protection against calamity. [Citation.] The bargained-for peace of mind comes from the assurance that the insured will receive prompt payment of money in times of need. [Citation.] Because peace of mind and security are the principal benefits for the insured, the courts have imposed special obligations, consonant with these special purposes, seeking to encourage insurers promptly to process and pay claims. Thus, an insurer must investigate claims thoroughly [citation]; it may not deny coverage based on either unduly restrictive policy interpretations [citation] or standards known to be improper [citation]; it may not unreasonably delay in processing or paying claims [citation]." (Id. at p. 1148, 271 Cal.Rptr. 246.)

Other Questions


Can an insured against his insurance carrier for wrongful failure to settle a claim for damages against the insurer? (California, United States of America)
What is the test of good faith and fair-dealing in the context of an insurance policy where the insurer is required to hire an attorney to defend the insured against the insured? (California, United States of America)
Does a settlement with an insured silent as to any bad faith action constitute a waiver of the insured's right to sue the insurer for unfair claims practices? (California, United States of America)
Does an attorney have a legal right to stipulate away an insured's rights without his consent for the benefit of his other client, the insurance company? (California, United States of America)
Is it a violation of public policy of this state for an insurer to issue a policy of insurance which does not cover an accident which occurs when other than the insured is not an accident? (California, United States of America)
Does a settlement of a claim for reimbursement of past benefits affect the employer's right to obtain a credit for future benefits? (California, United States of America)
Can you obtain benefits from a second insurance policy on the same claim when recovery from the first policy would alone be inadequate? (California, United States of America)
Is a policy of insurance that does not cover an accident which occurs when a person, other than the insured, is driving with the permission and consent of the insured a violation of the public policy of this state? (California, United States of America)
Is an order made after judgment affecting a defendant's substantial rights affecting his substantial rights appealable? (California, United States of America)
Is a motor vehicle insurance policy that includes a policy of insurance that includes uninsured motorist coverage precludes stacking of uninsured motor vehicle coverages? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.