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...