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.
Virginia 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 made whole doctrine is the principle that you, as a policyholder, must be ?made whole? before the insurance company may take any money from you (or your settlement) to reimburse itself for the payments it has already made. Subrogation Laws.
Ing to the court, a ?made whole? policy would discourage settlements. An insurer generally is entitled to recover the amount it paid to the insured only if the amount of damages awarded exceeds the difference between the amount the insurer paid and the insured's actual damages.
In cases of actual controversy, circuit courts within the scope of their respective jurisdictions shall have power to make binding adjudications of right, whether or not consequential relief is, or at the time could be, claimed and no action or proceeding shall be open to objection on the ground that a judgment order ...
The Made Whole Doctrine (sometimes referred to as the Made Whole Rule), is a common law doctrine that states a subrogee/insurer is not entitled to recover from an at-fault party unless and until the subrogor/insured has been, or can be, ?made whole.? The doctrine is an equitable defense that an insured can utilize to ...
The court rejected American Empire's assertion that the made whole doctrine is not recognized in Virginia. While noting the doctrine had never been referenced specifically by name by the Virginia Supreme Court, the court found the rationale for the doctrine has long been embraced by Virginia courts.
Being Made Whole and Subrogation Under this doctrine, a person could say that they have not been made whole as a result of the settlement and should therefore not have to repay the insurance that covered their expenses in the interim.