A recent Oregon Supreme Court decision has lessened the load on subrogation attorneys fighting against restrictive subrogation waivers. In Certain Underwriters v. TNA NA Manufacturing, an insured buyer of food processing equipment brought claims against the seller of equipment after facing significant losses due to a product recall. See Certain Underwriters at Lloyd’s London v....

Subrogation professionals who handle losses in multiple states know that the viability of a subrogation case will vary depending on the loss location. The facts of a particular incident may have subrogation potential in one state, but not in another, as each state has varying rules that impact subrogation potential, including statutes of repose, comparative...