Subrogation & Recovery Law Blog

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Wildfires continue to be national front-page news, be it the destruction caused by the fires themselves or the litigation that lasts for years after the fire has been suppressed. In the latest “Subro on the Go” podcast episode, hosts Joe Rich and David Brisco are joined by Howard Maycon, lead counsel for the subrogation industry...
Undoubtedly, scene investigations are critical for subrogation recovery.  There are many things to handle and to consider with respect to scene investigations, including gathering needed evidence, avoiding spoliation, etc.   However, subrogation professionals should not forget that before it was a loss scene, it was someone’s home or place of business.  The relationship that the...
While politicians may be more interested in whether a state is a Blue State or Red State, subrogation professionals want to know if a state is what we refer to as a “Good State or Bad State” based on its comparative fault laws. Are you a Bad State where a certain level of fault of...
Most, if not all attorneys, are familiar with section 664.6 of the California Civil Procedure Code (CCP §664.6). CCP §664.6 previously authorized a court, upon motion, to enter a judgment in pending litigation pursuant to settlement terms if the involved parties sign a writing stipulating to settle litigation outside of the presence of the court....
The California Court of Appeals, in State Farm General Insurance Company v. Oetiker, Inc., has recently (filed December 18, 2020) provided much-needed guidance on the scope of the Right to Repair Act.  That 2002 Act, codified in Civil Code section 895 et. seq., statutorily permits homeowners to recover for construction defects which have not yet...
One of the marks of a successful subrogation professional is knowing that line between a case being a closer versus having recovery potential. In this episode of Subro on the Go, David Brisco, Kris Cherevas, and Dana Meyers discuss challenging claims case examples and the important rules and guidelines that help subro specialists determine if...
In light of recent jurisprudence in Canada, the short answer is yes, if the business interruption losses stem from, or constitute, direct damages themselves.  And no, if the losses arise from consequential damages. Direct damages can be described as damages that have arisen naturally from the cause of the loss. This includes damages due to...
Cozen O’Connor’s Subrogation & Recovery team and National Subrogation Services are pleased to announce Subro on the Go, a podcast hosted by Joe Rich and Dave Brisco that spotlights trending legal, technological, and claims handling issues in today’s fast-moving subrogation world. The cause of plumbing component losses is not always readily apparent during an initial...
The loss involves a property damage subrogation matter arising out of extensive water damage caused by the negligent and careless failure to correct a dangerous defective condition and negligent and improper installation of flashing and roofing membrane on or about September 4, 2017. The water leak resulted in damage to a residential condominium building in...