There are many challenges to subrogation recovery when the fire originates at a neighboring property. To assist with the challenge of pursuing liability, one tip is to look for evidence supporting the fire spread theory. In some jurisdictions, common law negligence claims and code violations are allowed to hold the property owner or property manager...
You may recall instances when the defense in a subrogation action tried to mitigate its client’s liability for a loss arguing (usually unsuccessfully) that your insured failed to have a fire break between the properties, contributing to the loss. So then on a loss when the fire occurred on the other side of the road,...