Section 7.6 Negligence of the Insured Is Imputable to the Subrogated Insurer
| Library | Insurance Practice 2015 |
Negligence that would bar or limit the injured party’s recovery against the tortfeasor will likewise bar or limit recovery by the subrogated insurer. Holt v. Myers, 494 S.W.2d 430 (Mo. App. E.D. 1973); Am. Home Assurance Co. v. L & L Marine Serv., Inc., 688 F. Supp. 502 (E.D. Mo. 1988), aff’d in part, vacated in part, 875 F.2d 1351 (8th Cir. 1989).
2010 SUPPLEMENT (§7.6)
D. (§7.6) Negligence of the Insured Is Imputable to the Subrogated Insurer
Any defense available against the subrogor is also available...
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