By

Kevin Bush
For many years sage advice from legal counsel, consumer advocates, and friends has been to “get it in writing.” In subrogation cases, what is “in writing” can have a substantial effect on the viability of recovery. In many subrogation cases, the recovery specialist is confronted with one or more “writings,” including a lease, rental agreement,...
Over the last few years, the Arizona legislature and Arizona courts have been dealing with the implementation of Federal “Daubert” standards for the admissibility of expert testimony in Arizona state courts. After initial legislative action was held unconstitutional, the Arizona Supreme Court ultimately amended Arizona Rule 702, effective January 1, 2012, to conform to the...
Many states have enacted laws requiring homeowners, with claims of construction defects, to follow certain procedures prior to filing a lawsuit against a builder. The procedures generally require that before a homeowner initiates construction defect litigation, it must notify the builder of the claims, allow the builder an opportunity to remedy the defects, pay the homeowner...
The recent California Appellate Court decision of Interstate Fire & Casualty Insurance Company v. Cleveland Wrecking Company (2010) 182 Cal.App.4th 23, illustrates that under the right circumstances, a liability insurer can subrogate against a third party to recover amounts paid to resolve a first party personal injury claim. The case involved a construction site personal injury...
Where the subrogating insurer and insured both have recovery claims and are competing for a limited amount of available money from a defendant, issues arise as to who is entitled to recovery, and/or how the recovery should be divided. These issues fall within the realm of the “made whole rule”, which generally provides, that under certain...