Insured vs. Insurer: Litigating Priorities in Subrogation Proceeds and the Made Whole Doctrine

Mr. Horkovich has obtained over $8 billion in settlements and judgments from insurance companies for his clients. He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate policyholders and governmental entities. Mr. Horkovic’s victories include one of the top 10 jury verdicts in the United States, the top insurance recovery jury verdict in the United States, seven landmark state Supreme Court decisions, eight jury verdicts and nine bench trial decisions in favor of the policyholder including engaging on several significant projects by the United Nations as its general insurance counsel and the state of California where Anderson Kill served as lead trial in the state's suit against dozens of insurance companies over coverage for cleanup of the Stringfellow Acid Pits (what a federal court described as the most complex environmental clean-up in the world). Mr. Horkovich is a frequent author and lecturer on insurance recovery topics.

He represents policyholders with claims against insurance companies. His insurance coverage law experience includes handling coverage actions on behalf of insureds relating to bad faith claims, defense obligations, law and ordinance exclusions, breach of health insurance contract, crime coverage, employment liability coverage and coverage for asbestos-related claims and environmental liability.

Mr. Wolfer is a Partner in Butler’s Subrogation and Recovery Department in Philadelphia. An experienced litigator, he concentrates his practice on property subrogation claims involving construction defects, product liability, structural failure, fire and explosion, water damage, and other casualty losses across the United States. Mr. Wolfer has successfully represented clients in several high-profile cases, including a widely publicized roof collapse in Philadelphia’s Center City, resulting in a high-value recovery for his clients. He also represents clients’ interests in liability defense and insurance coverage matters and enjoys being an arbitrator for the Philadelphia County Arbitration Program.  

Mr. Grieder is an associate attorney at the firm’s Austin, Texas branch office. His practice focuses on automobile, maritime, property and casualty, and workers’ compensation subrogation cases throughout Texas and the South Central states of Oklahoma and New Mexico. Mr. Grieder graduated undergraduate from the University of Texas and received his law degree from St. Mary’s University School of Law in San Antonio, Texas. He clerked for several Texas firms before litigating at Barnett & Garcia in Austin, as well as Murphy Legal in Austin, where he represented insurance companies in complex construction defect litigation cases.