Practice Area: Insurance
Outcome: Split Cause of Action Doctrine Not Applicable After Indemnity Paid
Description: Successfully appealed a decision of the Trial Court dismissing a subrogation claim under the auspices of the split cause of action doctrine. Although subrogation claims are derivative of actions originally maintainable by policyholders, the Court on Appeal recognized that personal injury claims are qualitatively different from property damage subrogation claims. Moreover, the parties in those respective suits are quite different and have divergent interests. Thus, the personal injury plaintiff cannot not waive any rights maintained by the subrogated insurance carrier; their interests had ceased to be identical once the indemnity was paid (i.e. the carrier no longer stands in the shoes of the policyholder once the indemnity is paid).