Subrogation & Recovery Law Blog

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In the latest episode, co-hosts, David Brisco and Joe Rich, are joined by Dan D’Imperio, Co-Director of National Subrogation Services, to discuss the role of Predictive Analytics in the subrogation industry.  Like in Back to the Future when Doc. Brown shows up at the end of the movie with a revamped flying DeLorean, the subrogation...
The western states in the U.S. have experienced devastating wildfires for decades.  These states, Cal Fire, and other agencies have held week long Wildfire Prevention or Wildfire Awareness programs annually every April or May.  With wildfires unfortunately becoming more common in other parts of the country, states across the country are declaring their own Wildfire...
At one time or another, most subrogation professionals have struggled to track down an actual or alleged independent contractor involved with some scope of work relating to a loss.  In some cases, we also find that defenses are being raised that someone was an independent contractor versus a direct employee.  Often, we have to rely...
It’s been two years since COVID-19 not only radically changed our daily lives but altered how recovery professionals approach litigating claims. Yes, two years have passed! In the first few months of the pandemic, courts, litigators and recovery professionals quickly adapted to use readily available remote tools like Zoom, Teams and other platforms to keep...
Litigants in New York now face new requirements for the production of liability insurance information at the onset of a civil action. The “Comprehensive Insurance Disclosure Act” (the “Act”) was signed into law by New York Governor Kathy Hochul on December 31, 2021. This legislation alters C.P.L.R. § 3101(f) with new requirements for defendants, third-party...
A 2021 opinion by a Washington State appellate court provided additional guidance on how plaintiffs may avoid the “public duty doctrine” defense in lawsuits against government entities. Norg v. City of Seattle (No. 80836-2-I), involved a wife who called 9-1-1 after her husband suffered a heart attack. She provided the Seattle Fire Department with the...
Have you ever had a subro attorney tell you that you should file your case in state court versus federal court, or vice versa, and wondered, what’s the difference? Why would I want to be in one court versus another? In this episode of Cozen O’Connor’s Subro on the Go podcast, David Brisco is joined...
Not surprisingly, product liability claims in Indiana are governed by The Product Liability Act, IC 34-20-1, et seq. (the “Act”), which defines a ‘product’ as “(a) any item or good that is personalty at the time it is conveyed by the seller to another party.” The Act goes on to state: “The term does not...
COGSA, Carmack, Allisons, and Himalaya Clause.  These terms may not mean much for a traditional property subrogation professional, but if you are going to diversify into the world of ocean marine and inland marine subro, then these are a few of the many terms you will need to become familiar with.  In this episode of...