Does an insurer that paid its insured for property damage under a Georgia property insurance policy have to show that the insured was made whole before the insurer can seek reimbursement (subrogate) from the third party wrongdoer?
No, an insurer that pays its insured for property damage caused by a negligent third party does not have to show that the insured was made whole by its insurance payment before the insurer can pursue a property damage subrogation claim against the third party wrongdoer. A showing that the insured was made whole or was completely compensated for their damages is generally required of insurance companies seeking subrogation in cases where personal injuries were the damages suffered by their insured, which they paid benefits to compensate for those injuries. For example, the workers’ compensation insurance carrier in Georgia must show that the sum of the workers’ compensation benefits paid to the insured and the amount paid by the negligent third party to the insured fully and completely compensated the insured for his/her economic and noneconomic losses. Only after that burden has been met can the insurer enforce its workers’ compensation lien. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with a lawyer.