Subrogation & Recovery Law Blog

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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...
Investigating subrogation claims for property damage involves assessing a handful of key elements: (1) identifying the cause and origin of the loss; (2) ascertaining third-party targets; and (3) assessing whether a viable claim and recovery exists against those targets. The third element takes many forms, including determining the applicability of state laws to the third-party’s...
A key issue that usually surfaces during a maritime subrogation action involving an allision (the striking of one ship upon another ship that is stationary) is the Limitation of Liability Act.  The Limitation of Liability Act generally allows a vessel owner to limit its liability exposure after a maritime incident or casualty to the post-casualty...
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...