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VI. Liens and Subrogation

1. Subrogation
2. Liens

A. Subrogation

An insurer that pays for a loss is generally subrogated to the rights of its insureds either as a matter of contract or common law.

A subrogation claim belongs to the insurer and not the insured. The insurer is free to settle those claims at any time. It may also instruct its insured not to pursue those claims on its own behalf. If it does so, the insured does not have the authority to bring those claims, and the defendant may raise the defense of lack of authority. Ruggles v. Grow, 984 P.2d 509 (Alaska 1999).

B. Liens

In addition to subrogation claims, liens may arise under a number of different statutes in Alaska:

Health Care Providers: AS 34.35.475 (liability for lien based on receipt of notice or on recording)

Child Support Liens: AS 25.27.230(d) (requires actual notice)

Medicaid Liens: AS 47.05.070(b)(c) (state subrogated to the right of Medicaid recipient for any proceeds of the settlement or judgment)

Federal Liens: 42 USC § 2651 (lien for payments made by Alaska Native Medical Center or Veteran's Administration)

Worker's Compensation: AS 23.30.015(g) (worker's compensation insurer is subrogated to right of employee for all third party payments received)

Also, attorneys can assert liens against settlements.