Category

Legal and Evidentiary Issues
As stated by Justice Abella in Sable Offshore Energy Inc. v. Ameron International Corp., “a Pierringer Agreement allows one or more defendants in a multi-party proceeding to settle with the plaintiff and withdraw from the litigation, leaving the remaining defendants responsible only for the loss they actually caused. There is no joint liability with the...
There are many challenges to subrogation recovery when the fire originates at a neighboring property.  To assist with the challenge of pursuing liability, one tip is to look for evidence supporting the fire spread theory.  In some jurisdictions, common law negligence claims and code violations are allowed to hold the property owner or property manager...
Litigants in New York now face new requirements for the production of liability insurance information at the onset of a civil action. The “Comprehensive Insurance Disclosure Act” (the “Act”) was signed into law by New York Governor Kathy Hochul on December 31, 2021. This legislation alters C.P.L.R. § 3101(f) with new requirements for defendants, third-party...
A key issue that usually surfaces during a maritime subrogation action involving an allision (the striking of one ship upon another ship that is stationary) is the Limitation of Liability Act.  The Limitation of Liability Act generally allows a vessel owner to limit its liability exposure after a maritime incident or casualty to the post-casualty...
When evaluating the potential recovery for pursuing a subrogation action, insurance carriers must consider to what extent, if any, its insured negligently contributed to its injuries. Accounting for the insured’s potential liability is a significant part of the cost-benefit analysis for pursuing any subrogation claim.  But in certain circumstances, the carrier may be concerned that...
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...
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...
The Economic Loss Doctrine (ELD) is a legal principle that bars negligence claims when damages are deemed purely “economic.” While more commonly applied in product defect cases, limited jurisdictions may also use the ELD to bar negligent construction claims.  And in these instances, a plaintiff’s property damage claim may be required to stem from a...
The loss involves a property damage subrogation matter arising out of extensive water damage caused by the negligent and careless failure to correct a dangerous defective condition and negligent and improper installation of flashing and roofing membrane on or about September 4, 2017. The water leak resulted in damage to a residential condominium building in...
Oftentimes, in claims arising out of losses on construction projects, the insurer will need to undertake a detailed analysis as to whether a potentially responsible general contractor or subcontractor can be pursued for its negligent acts or omissions that resulted in the damages.  Contractors repeatedly raise defenses to claims by insurers by relying upon purported...
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