It should seem fundamental to attorneys and subrogation professionals that when a subrogation lawsuit is brought, the insured cannot be named as a defendant in the action. However, there are instances where the uninitiated defendant seeks to name the carrier’s insured as a third-party defendant to force the insured to become a party to the...
Subrogation involving horses? Yes, this is a real thing. In this episode, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami), are joined by their partner, Suzanne Radcliff (Dallas), who provides an overview of this niche area of subrogation to listeners. In addition to some bad horse jokes from the co-hosts, Suzanne, who is...
This Women in Subro blog series highlights powerhouse women in the industry while discussing leadership, management, and success in subrogation. In our interview with Cheri MacArthur, Chair of the Rocky Mountain Region of Cozen O’Connor’s Subrogation & Recovery Department and Office Managing Partner of the Denver office, we recognize and appreciate that she is homegrown...
Do not let your subro claim blow up in your face! Subro professionals who have handled large explosion fires know firsthand that large explosion cases are complex, with significant hurdles to fully process. In this episode of Subro on the Go, regular co-hosts Joe Rich and David Brisco are joined by their colleague Jake Skaggs,...
A recent federal case provided an excellent example that not all supposed waivers of subrogation are, in fact, waivers. In National Surety Corp., et al. v. Bozeman, 2022 WL 953053, No. 1:20-cv-01187-WJM-GPG (D. Colo. March 30, 2022), National Surety filed a subrogation action alleging the defendant – the owner of the unit where the fire...
Whether it is a turkey fryer that causes an unexpected cooking fire, or mishaps with trees and decorations that make the holidays literally go up in smoke, holiday related losses are common for subrogation professionals this time of year. So while it is the season to be joyful and hum along with the Beach Boys’...
This Women in Subro blog series highlights powerhouse women in the industry while discussing leadership, management, and success in subrogation. Lindsay Gohmann, Director of Recovery Services at Zurich North American, is not unlike the rest of us in that it is not clear whether Lindsay found subro or subro found her. But either way, it...
Frequently, freight brokers attempt to deny subrogation claims for cargo damaged in transit on a truck by arguing that they are accorded broker status and do not have the same strict liability as a “Motor Carrier” under The Carmack Amendment. However, a recent action by the United States Supreme Court this summer supports subrogated insurers...
In our current episode, co-host, Joe Rich, speaks with some of our Canadian Litigators about the differences in pursuing subrogation claims in Canada versus the U.S. Joe is joined by Pamela Pengelley, Office Managing Counsel of our Firm’s Toronto Office, and David Huard, Office Managing Counsel for our Quebec Office, to discuss topics such as...
