Legal Question in Real Estate Law in Nebraska
subrogation rights
We have subrogated our case to the insurance company who has paid us so that they can recover the money they had paid us. However we have some injunctions in place and now the insurance company does not want to proceed with the case.\r\n\r\nMy question is will the injunctions awarded be lifted if the case comes to a halt.\r\n\r\nWe subrogated the case and not the injunctions because the injunctions was awarded to us before the insurance company took over the case.
Your advice most appreciated.
Thank you.
1 Answer from Attorneys
Re: subrogation rights
You don't provide enough information to determine whether the injunctions may be lifted or not. When the injunction is granted, the order will usually specify how long the injunction will last. When you subrogate your rights to the insurance company, it does not put you in the driver's seat. The insurance company has the option of pursuing the case if they choose to do so. Alternatively, if you pursue action on your own, the insurance company has the right to take any monetary awards you receive.
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