Subrogation & Recovery Law Blog

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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...
The Alter Ego doctrine is used by the courts to ignore the corporate status of a group of stockholders, officers, etc., so that they may be held personally liable for their fraudulent or unjust actions[1].  A parent corporation will be considered the alter ego of a subsidiary corporation if it controls and directs its activities...
In the world of subrogation, agreeing on the amount of a settlement is only half the battle. In this episode of Subro on the Go, hosts Joe Rich and David Brisco discuss the various settlement snags that arise at the settlement agreement stage of a subrogation case and how to resolve them. About The Authors
As wildfires rage through the Western Region of the U.S., we dedicate this post to recognize, honor, and thank all the firefighters and volunteers working tirelessly and selflessly.  Thank you to all the men and women in the fire departments across the nation for your heroism and service. About The Author