Maine Receipt for Payment of Loss for Subrogation

State:
Multi-State
Control #:
US-0555BG
Format:
Word; 
Rich Text
Instant download

Description

Subrogation is commonly used in insurance matters. For example, on payment of a loss under an insurance policy, an insurer is entitled to be subrogated to the extent of any right of action the insured may have against a third party whose negligence or wro

How to fill out Receipt For Payment Of Loss For Subrogation?

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FAQ

Leitinger held that the collateral source rule prohibits parties in a personal injury action from introducing evidence of the amount actually paid by the injured person's health insurance company, a collateral source, for medical treatment rendered to prove the reasonable value of the medical treatment.

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 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.

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.

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.

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.

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Maine Receipt for Payment of Loss for Subrogation