Subrogation & Recovery Law Blog

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Every subrogation case is, at its heart, a story about a loss event. As subrogation professionals, we endeavor to tell a story of the loss event and resulting damages in the most effective way possible, using photos and videos as our tools to explain liability and damages issues. Ultimately, we use our story as a...
You may recall instances when the defense in a subrogation action tried to mitigate its client’s liability for a loss arguing (usually unsuccessfully) that your insured failed to have a fire break between the properties, contributing to the loss.  So then on a loss when the fire occurred on the other side of the road,...
Smart smoke detectors, vehicle data on key fobs, and geofencing are just a few of the new internet of things technologies emerging today. Subrogation professionals need to be aware of this ever-growing industry, including what new sources of data it provides to the subro investigation and what new types of claims may arise. In this...
Attorneys from Cozen O’Connor’s Subrogation Practice, Howard Maycon, Kevin Bush, and Tom Regan, have been selected by their peers for recognition of professional excellence in litigating subrogation matters, and will be highlighted in the 28th Edition of The Best Lawyers in America©. Cozen O’Connor’s Subrogation Team is comprised of the very best talent, litigators and...
When evaluating the potential recovery for pursuing a subrogation action, insurance carriers must consider to what extent, if any, its insured negligently contributed to its injuries. Accounting for the insured’s potential liability is a significant part of the cost-benefit analysis for pursuing any subrogation claim.  But in certain circumstances, the carrier may be concerned that...
Picture this scenario: you have a massive water loss at a commercial construction project.  You send your forensic plumbing consultant to the scene.  Your consultant determines that the plumbing subcontractor forgot to apply adhesive to the pipes that served the fire suppression system.  One of the pipes split and flooded the entire complex when the...
Government tort claims come in a variety of shapes and sizes – broken city water main floods, bridge collapses, dam failures, government vehicles crashing into your insured’s building, etc. And just as the types of losses vary, so do the requirements regarding both placing the government entity on notice and tort cap on your recovery....
In subrogation actions arising from a subcontractor’s negligence, a common defense for a general contractor is to allege that the subcontractor was an “independent contractor.” In other words – “it wasn’t me, it was the other guy, and I’m not responsible for him!” But is that always the end of the story? Courts in New...
Do you have a subro question that you are anxious to ask?  Then welcome to Subro Mailbag.  In this episode, Cozen O’Connor Subro on the Go hosts David Brisco and Joe Rich read and answer questions from our podcast listeners on a variety of subro topics. How do you describe subrogation to friends and family? How...