Subrogation & Recovery Law Blog

About The Author
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...
Evidence of a defendant’s liability insurance is typically precluded from trial to prevent a jury’s decision being prejudiced by the source of potential funds. However, whether this same principle should apply to evidence of first party property insurance when a carrier pursues a subrogation claim has been somewhat murkier. The Massachusetts Court of Appeals recently...
Researchers in the Department of Civil & Environmental Engineering at the University of California, Irvine have analyzed decades of wildfire statistics from the California Department of Forestry and Fire Protection. The team’s findings (published last month in the open-access journal Scientific Reports) concluded that the annual burn season has lengthened and the yearly peak has...
It seems like a deceivingly simple question as most attorneys assume statutes of limitations apply to all proceedings, despite the forum. However, this is not the case. The answer to whether a statute of limitations applies to your arbitration claim depends on the following questions: Has your state legislature or court decided that statutes of...
Will any expert do? Choosing the right expert is one of the most important decisions to be made in a subrogation investigation.  Asking the question of whether an expert is required for your claim is easy; answering the question requires thinking about several complex factors. In this episode, Cozen O’Connor subrogation attorneys David Brisco, Joe...
Howard Maycon has been selected as a 2021 California Lawyer Attorney of the Year (CLAY) by Daily Journal http://ow.ly/Zcc750E6oC2. We are extremely proud of this recognition for Howard Maycon, as the leader of our California wildfire litigation team.  About The Author