“Made Whole” Doctrine Prevents Equitable Subrogation Where Insureds with Tortfeasors

In re September 11 Litigation,

World Trade Center Properties LLC et al. v. Certain Underwriters at Lloyd’s, London et al. (S.D.N.Y., August 2, 2018)

Judge Alvin K. Hellerstein of the Federal District Court in the Southern District of New York has, for years since the September 11th attacks, been assigned the countless actions dealing with the massive property damage resulting from the tragedy. This is the last such case, which involves insureds making a claim against their insurer’s recovery from a subrogation settlement.

The insureds …

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