RAUSCH v. ALLSTATE INS. CO.

Misc. No. 6, September Term, 2004. No. 128, September Term, 2004.

882 A.2d 801 (2005)

388 Md. 690

Felix RAUSCH, et ux. v. ALLSTATE INSURANCE COMPANY. Harford Mutual Insurance Company v. Janice D. Harkins.

Court of Appeals of Maryland.

Reconsideration Denied October 12, 2005.


Attorney(s) appearing for the Case

Mark Brown (Elliott Petty of Law Offices of H. Barritt Peterson, Jr. & Associates, Towson), on brief, for appellants.

Erick J. Kirker (Cozen O'Connor, Philadelphia, PA), on brief, for appellee.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


WILNER, J.

It is not uncommon for a fire insurance policy to contain a subrogation clause that permits the insurer to recover, from any person (other than the insured) who causes a covered loss under the policy, amounts paid by the insurer by reason of that loss. Under such a clause, the insurer stands in the shoes of the insured and can seek to recover those amounts to the same extent that the insured could have recovered them from the person causing the loss, had...

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