Somehow, 30 some years have now gone by handling Subrogation matters for so many wonderful clients. From losses at the mall, the big league stadium, local waterslide park, pig farm, high rise buildings, industrial and power plants, commercial buildings, residences, motorhomes and mansions, and many other places, they have all had their unique twist on...
Undoubtedly, scene investigations are critical for subrogation recovery. There are many things to handle and to consider with respect to scene investigations, including gathering needed evidence, avoiding spoliation, etc. However, subrogation professionals should not forget that before it was a loss scene, it was someone’s home or place of business. The relationship that the...
There are what seems like countless hindrances to subrogation recovery. With a spin on Elizabeth Barrett Browning’s famous love poem for the title of this article, we delve broadly into the legal bars for recovery. The non-exhaustive list below outlines some of the main legal doctrines barring recovery in insurance claims. Hopefully, these simple definitions...
In September 2017, a 15-year-old threw two fireworks into Oregon’s Eagle Creek Canyon, sparking a huge wildfire that destroyed several homes and impacted tourism in the area. The teenager pleaded guilty to reckless burning of public and private property, and was sentenced to community service and probation. The fire’s victims, which included homeowners and the...
As part of Fire Prevention Week (October 7-13), it is timely to reflect on NFPA’s video on the Great Chicago Fire of 1879. The link to the video can be found here. While many lessons have been learned in fire prevention, fire spread, insurance coverage, and subrogation recovery since 1879, there are still many challenges...
In a 2014 blog post, I reported on Oregon’s expanded product liability statute of repose (“SOR”). The point of that previous blog post was that in 2009 the Oregon legislature made an important revision to its SOR. First, the legislature extended the SOR from 8 years to 10 years. Second, and more importantly, the legislature...
After handling any sizeable amount of subrogation claims involving water damage, you may have asked yourself, “why is the insured always on vacation when a loss occurs?” In fact, most of the loss descriptions on the Notice of Loss will start with the sentence, “The insured was on vacation when…” It seems by a superficial...
In July of 2016 Leslie Hulburt and I reported that the Utah Appellate Court recently issued a decision, if read out of context, could be used to suggest that a subrogation case in Utah must be brought in the name of the insured. See Wilson v. Educators Mut. Ins. Ass’n., 2016 UT App 38. The...
Toddlers are indeed the best of the best when it comes to negotiating. Every parent is put to the test when it comes to enforcing the rules and avoiding temper tantrums. Even the savviest of attorneys have caved when dealing with their kids. There are some lessons we can learn from these little, but fierce...
Annually, the first full week of May is known in California as “Wildfire Awareness Week”. This provides CAL FIRE the opportunity to highlight the importance of wildfire prevention and preparedness. This year, with fires on the rise in California, CAL FIRE has launched a phone app to prepare individuals for the next wildfire. The app...
