Calendar·Insurance·Claims Process
Subrogation Settlement Disputes: Accord and Satisfaction Risks
FACULTY OF INSURANCEClaims Process • ~30 min

Examines whether depositing a partial subrogation tender in a 2023 Calgary, Alberta dispute creates accord and satisfaction barring recovery of the $6,800 balance.

Subrogation Settlement Disputes: Accord and Satisfaction Risks

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$79
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0
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Scenario

A subrogation file between two independent adjusting firms in Calgary, Alberta, reached an impasse in November 2023. The adjuster handling the recovering insurer's claim received a cheque for $14,200 from the adjuster representing the at-fault party's carrier—roughly $6,800 short of the documented subrogated loss. The receiving adjuster deposited the funds but maintains no agreement existed that the payment would close the file.

The record is silent on critical details: whether the cheque bore a restrictive endorsement, whether any accompanying letter specified full and final settlement terms, and whether the receiving adjuster communicated any objection before or after deposit. For the recovering insurer's file, the unresolved question is whether the adjuster's conduct extinguished the balance of the subrogation claim or preserved it.

More in this program

First Notice of Loss: What to Do in the First 72 Hours
~30 min · $79
Working With Adjusters: Roles, Rights, and Friction Points
~50 min · $149
Proof of Loss and Documentation Requirements
~30 min · $79

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