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subrogation

Insurers Need to Rethink Subrogation

The Utah Court of Appeals recently held that insurers do not have standing to sue when their insured still has a potential claim. In Wilson v. Educators Mutual Insurance, the court stated that when the "insured or the insured's estate retains some interest in the potential damages, an insurance company cannot pursue a subrogation action in its own name." 2016 UT App. 38, 12.