This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Maine Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation
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How to fill out Complaint For Recovery Of Monies Paid And For Declaratory Judgment As To Parties' Responsibility And Subrogation?
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FAQ
The common fund doctrine is based upon equitable principles An award of attorneys' fees from a common fund depends on whether the attorneys' specific services benefited the fund ? whether they tended to create, increase, protect or preserve the fund.
The Made Whole Doctrine is an equitable defense to the subrogation or reimbursement rights of a subrogated insurance carrier or other party, requiring that before subrogation and/or reimbursement will be allowed the insured must be made whole for all of its damages.
While the made whole doctrine protects the injured victims, the common fund doctrine protects the attorneys, and the combination of the two can protect both from the insurer's right to subrogation.
The common fund doctrine is an equitable principle established as a way of spreading costs for a party who prevails through litigation or Page 2 prolonged settlement in establishing a fund that is intended to benefit others as well. Daniels v. Vt. Ctr.
In York v. Van Hall, 704 A. 2d 366 (Me. 1997), the Law Court adopted the common fund doctrine, which states that when a fund is created to which more than one party is entitled, each party must pay a share of the expenses incurred in creating that fund, including legal expenses.