In the Fireman’s Fund v. TD Banknorth case the Connecticut Supreme Court recently held that insurers should be made whole for their losses before policyholders can recoup deductibles from third parties, one of the first decisions to tackle a question that attorneys say will crop up more often now that deductibles have become costlier. The Supreme Court established an exception for deductibles, finding policyholders can recover deductibles only after insurers have received their share of damages won from third parties. According to Stacie Evans, one of the main issues that will likely be litigated in future disputes is whether the Connecticut Supreme Court decision applies to property damage claims. Stacie, who practices in the subrogation and recovery department at Cozen O'Connor, wrote an amicus brief for NASP in the Fireman's Fund case.
To read the article and more of Stacie’s comments, click here.