Location, location, location! The viability of a subrogation case will vary depending on the loss location. The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each State has varying rules that impact subrogation potential, including statutes of limitations, comparative fault rules, and requirements for pursuing...
The daily life of a subrogation professional is often analogized to digging through stones in search of diamonds. The dig can be frustrating, exhausting, and even discouraging at times. Each investigation begins with optimism and enthusiasm, but many times the end result is that the diamond we thought we were holding, is just another stone....
Construction defect law in Colorado has been a polarizing issue for decades. In 2001, the Colorado Construction Defect Action Reform Act (CDARA) was passed to address a perceived crisis in the Colorado construction industry caused by a surge in litigation arising from construction defects. The law had several key provisions. It prescribed a process for...
This Women in Subro blog series highlights powerhouse women in the industry while discussing leadership, management, and success in subrogation. In our interview with Suzanne Radcliff, Office Managing Partner of Cozen O’Connor’s Dallas office, we recognize her 25 years of dedication, passion, and fearlessness. About The Author
For subrogation investigations on losses to residential property, do not forget to check for the permits on recent improvements, as well as purchase agreements and seller disclosures on recently purchased properties. California Assembly Bill No. 968 (AB-968), which will apply to real property sale contracts starting July 1, 2024, creates new disclosure obligations of repairs...
It was a collaborative effort in compiling Volume II of the Cozen O’Connor Subrogation Mixtape. Again, our playlist covers all genres with themes of fire, water, lawyering, and of course that subro mindset. It is an eclectic mix, like subro professionals themselves. A summer subrogation playlist for your listening enjoyment! About The Author
The viability of a subrogation case will vary depending on the loss location and the facts. The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each of the States have varying rules that impact subrogation potential, including statutes of limitations, comparative fault, and...
Affirmed! That is the word of the day as the California Court of Appeals recently issued a published decision affirming that an inverse condemnation cause of action continues to apply to investor-owned utilities in California. The Second District Court of Appeal affirmed the trial court’s decision to deny an electric utility’s demurrer to plaintiff’s cause...
A recent Oregon Supreme Court decision has lessened the load on subrogation attorneys fighting against restrictive subrogation waivers. In Certain Underwriters v. TNA NA Manufacturing, an insured buyer of food processing equipment brought claims against the seller of equipment after facing significant losses due to a product recall. See Certain Underwriters at Lloyd’s London v....
