February 4, 2019 I have a complaint coming in against a carrier for a situation that is actually quite common except for the way the insurance carrier is acting.

Mother and adult daughter are residing in same home, but each has her own auto policy. Adult daughter backs into mother's vehicle. Mother files the claim with her own carrier. Because the Property Damage portion of the PAP prevents it from paying towards damage to another resident relative's vehicle, the daughter's carrier will not reimburse the mother's carrier for the cost of those damages. Now the mother's carrier is subrogating directly to the adult daughter. Since a PAP defines a resident relative, such as a child, as also an “Insured”, they are essentially subrogating against their own insured. Have you heard of the Anti-Subrogation rule?

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