No other relationship is as sacred in our business as the insurer-insured relationship. It should be considered on every claim we handle, and subrogation is no exception.

In subrogation, the most important aspect of that relationship is the relation of the insured’s total loss to the amount the insured received under the policy. This, by definition, is the scope of your subrogation claim. What happens when your insured is not fully reimbursed by the insurance payout, though? The answer depends on what jurisdiction your claim arises from and the type of underinsured loss your insured is claiming, as that determines how you must handle your subrogation claim.

In recent months, no subject in subrogation has been as discussed and debated as much as the intersection of the insured’s underinsured claim and the insurer’s subrogation claim. That intersection involves the three made-whole doctrines, which we will discuss below.

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