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Law360, New York (July 6, 2011)--Two recent decisions under California law involving subrogation recoveries explain the consequences to all involved parties where an insurer pursues a subrogation recovery without the insured. Recently, the California Court of Appeals confirmed that the proceeds of the plaintiffs’ property insurance is not a collateral source where the insurer has asserted its subrogation rights.
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Consequences Of A Separate Subrogated Carrier Suit
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