In the context of a landlord-tenant relationship, a landlord’s insurer’s right to subrogate against a tenant in Minnesota has evolved over time. What began as an anti-landlord tenant subrogation state has now evolved to a reasonable, contextual analysis of the applicable lease and relevant equities. Jonathan LevyMore Posts - Website
The Montreal Convention, (formally, the “Convention for the Unification of Certain Rules for International Carriage by Air”) was adopted in 1999 by the International Civil Aviation Organization (ICAO) and came into effect in in 2003, when the United States became the 30th State Party to ratify the Convention. The Montreal Convention modernized and replaced the...
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...
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...
Brit Inns Ltd v. BDW Trading Ltd is an illustrative example of where litigation (and in this case, a subrogated claim) can go wrong. Indeed, the judge said “[t]his litigation has gone wrong for everybody.” It does, though, have important aspects that can improve Claimants and Defendants approaches to subrogation claims. Facts A contractor caused flooding...
The recoverability of loss of use damages for recreational water craft has been vexing Federal courts in Admiralty cases for over 100 years. In 1897, the Supreme Court of The United States held that loss of use damages for a vessel “designed for pleasure only and which had never been put to any other use”...
