You might have guessed that this weeks word would be Unjust Enrichment.  Law.com defines Unjust Enrichment as: a benefit by chance, mistake or another’s misfortune for which the one enriched has not paid or worked and morally and ethically should not keep. If the money or property received rightly should have been delivered or belonged to another, then the party enriched must make restitution to the rightful owner. Usually a court will order such restitution if a lawsuit is brought by the party who should have the money or property.

An example might be if I were to ask someone to paint the porch at my house.  Instead of painting only my porch, the painter paints my entire house out of a mistaken belief.  I would benefit from the painter’s mistake.  I could therefore be the subject of an unjust enrichment claim.

One of my current clients performed construction and other work on a person’s home and business.  My client has yet to be paid for a few remaining items.  During and in the process of finishing up the job, my client and the owner agreed verbally to the removal of some debris on the property.  The owner is now claiming that the removal was part of the original bid.  My client is claiming that, at the very least, a quasi-contractual relationship was established for the debris removal and therefore believes that the owner has been unjustly enriched by the performance of his duties on the house.  My client can also argue that an express contract existed because a meeting of the minds occurred with respect to the work agreed upon.

Any other thoughts on unjust enrichment?

This Week’s Word is SUBROGEE. Subrogee comes from the word Subrogate which means to substitute one person for another. According to Law.Com subrogee means “the person or entity that assumes the legal right to attempt to collect a claim of another (subrogor) in return for paying the other’s expenses or debts which the other claims against a third party. A subrogee is usually the insurance company which has insured the party whose expenses were paid. Thus, the subrogee insurance company may file a lawsuit against a party which caused the damages to its insured which the subrogee paid.

Why do I bring this word to you? I am currently defending a lawsuit filed by an insurance company in which an underlying claim was filed by the insured, paid by the insurance company, and now the insurance company, as subrogee of the insured, has filed the lawsuit against my client. Oddly enough, I wonder what other litigation experts and insurance experts think about the concept of Unjust Enrichment as a counterclaim in these situations. Has that ever come up? Anyway, that wraps up the Legal Word of the Week. Please respond.