Can a landlord’s insurer subrogate against a negligent tenant in Indiana?  Before answering, be sure you are aware of recent caselaw in Indiana on the issue.  Indiana Courts have addressed this issue two times, and their recent decision confirms that courts in Indiana are to look at the individual facts of the case and the...

“This is a maritime case about a train wreck” is how Supreme Court Justice Sandra Day O’Connor began the 2004 Supreme Court decision in Norfolk Southern v Kirby, 543 U.S. 14 (2004).  Since Kirby, other cases have tested legislative overlaps and conflicts when goods are transported using over water and land using "through bills of...

Imagine that your insured’s house has caught on fire, but when a firefighter attempts to connect the water hose to the hydrant nearest the home, he cannot open the valve because he turned the valve in the wrong direction, breaking the stem of the hydrant.  The firefighter moves on to the next hydrant, but that...

  This past week an unfortunate nightmare came true – a family had the unthinkable horror of hearing and watching a loved one perish when a sinkhole opened under the man’s bedroom in his Florida home.  As has been reported, sinkhole losses have been increasing in magnitude and volume throughout the country, especially in certain...

  When Alon’s Big Spring, Texas oil refinery exploded on February 18, 2008, destroying Veolia’s waste treatment facility, Alon did not even bother to contest its liability for the damages to Veolia’s facility.  Nor did Alon dispute that the only proper measure of damages for the completely destroyed facility was its fair market value immediately...