Low v. Golden Eagle Insurance

Opinion

PARRILLI, J.

The procedural convolutions of this 15-year-old case have resulted in what appears to be a question of first impression in insurance subrogation law: When the amount of an insured’s recovery from a tortfeasor is capped due to an error in the insured’s complaint, does this cap also limit the recovery of an insurer that intervenes to claim subrogation? While we recognize the long-standing rule that a subrogated insurer stands in the shoes of its insured and is subject to all defenses that may be asserted against the insured’s claim, under the unique circumstances of this case…