When pursuing a subrogation claim for property damages against a public entity, the claimant carrier must evaluate its potential causes of action (i.e., theories of liability).  Two common tort actions, with their differences often misunderstood, are inverse condemnation and negligence.  For your quick reference, we compare and contrast the two. About The Author

Fires linked to homeless individuals seeking shelter on private property are no longer rare incidents. These situations raise a critical question: when does a property owner’s inaction cross the line into negligence? About The Author

In light of recent jurisprudence in Canada, the short answer is yes, if the business interruption losses stem from, or constitute, direct damages themselves.  And no, if the losses arise from consequential damages. Direct damages can be described as damages that have arisen naturally from the cause of the loss. This includes damages due to...