When pursing your subrogation claims in litigation, your discovery strategy and establishment of the evidence must include rebuttals to asserted affirmative defenses, including, if applicable, a presumptive statute of repose for products.  About The Author

Cozen O’Connor’s Subrogation attorney Larry Walker assisted on the team of other Cozen lawyers (Matt Glazer and Chase Howard), along with the Pennsylvania Innocence Project, to secure the exoneration and release of a man wrongfully convicted of arson.  About The Author

On March 24, 2023, Florida reduced the Statute of Limitations for negligence claims from 4 years to 2 years for any negligence causes of action arising after the amendment went into effect on that date.  Fla. Stat. § 95.11(4)(a); see also Florida House Bill 837, https://www.flsenate.gov/Session/Bill/2023/837.  Negligence if often pled in tandem with or as...

For nearly 50 years, Texas has imposed a ten-year statute of repose on suits against builders or contractors who construct or repair improvements to real property.  On June 9, 2023, House Bill 2024 amended Section 16.009 of the Texas Civil Practice and Remedies Code to create a shorter, six-year repose period in certain circumstances. About...

It should seem fundamental to attorneys and subrogation professionals that when a subrogation lawsuit is brought, the insured cannot be named as a defendant in the action. However, there are instances where the uninitiated defendant seeks to name the carrier’s insured as a third-party defendant to force the insured to become a party to the...

A recent federal case provided an excellent example that not all supposed waivers of subrogation are, in fact, waivers. In National Surety Corp., et al. v. Bozeman, 2022 WL 953053, No. 1:20-cv-01187-WJM-GPG (D. Colo. March 30, 2022), National Surety filed a subrogation action alleging the defendant – the owner of the unit where the fire...

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...