State Specific Series – Kansas: There’s No Place Like Home

Location, location, location! The viability of a subrogation case will vary depending on the loss location. The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each State has varying rules that impact subrogation potential, including statutes of limitations, comparative fault rules, and requirements for pursuing […]

The Politics Around Construction Defect Law

Construction defect law in Colorado has been a polarizing issue for decades.  In 2001, the Colorado Construction Defect Action Reform Act (CDARA) was passed to address a perceived crisis in the Colorado construction industry caused by a surge in litigation arising from construction defects.  The law had several key provisions.  It prescribed a process for […]

Women in Subro: Suzanne Radcliff

This Women in Subro blog series highlights powerhouse women in the industry while discussing leadership, management, and success in subrogation.  In our interview with Suzanne Radcliff, Office Managing Partner of Cozen O’Connor’s Dallas office, we recognize her 25 years of dedication, passion, and fearlessness. 

Protecting the Right to Subrogation- One State at a Time

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. […]

Musings From an Old Subro Dog

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 […]

Lease Expired, Wisdom Acquired

A number of property damage subrogation cases involve pursuit by a property owner’s insurer of a negligent tenant. Once liability is determined, the first part of the legal analysis is to determine application of the Implied Co-Insurance Doctrine. In review of the policy and lease agreement, we determine if the tenant is covered under the […]