In the aftermath of a hurricane, property insurers often assume recovery prospects are non-existent. However, if there was recent work performed at the property, there may be subrogation potential. Recent roof work is often a major factor in exploring subrogation potential. With respect to a failed roof after a storm, the subrogation evaluation involves three...
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
“Dangerous and generally a fruitless occupation.”– Justice Akenhead No, Justice Akenhead was not talking about being a lawyer, but stating that it is inappropriate to rank possible causes of a fire in terms of probability in order to select the most probable. In Fosse Motor Engineers Ltd v Conde Nast (2008), Fosse, the owner of...