Conducting subrogation investigations is a balancing act.  The need to move quickly to accommodate mitigation and repairs is balanced against the need for a proper and thorough investigation to ensure subrogation rights are preserved.  Retaining experts and consultants, identifying potential interested parties and adverse parties, sending notices, and accommodating schedules of all those involved takes...

The Right to Repair Act has reared its ugly head again. In Elliott Homes, Inc. v. Superior Court (Hicks) 2016 DJAR 11930, the Third Appellate District issued a writ of mandate ordering a stay of pending litigation until plaintiffs satisfied the pre-litigation procedures mandated by the Right to Repair Act. Plaintiffs brought a construction defect...

In August 2013, we reported that Christmas had come early for the California subrogation community due to a recent decision from the Court of Appeals which found that the “Right to Repair Act” (SB 800) did not apply to cases in which a property owner had suffered actual damages. Prior to the Liberty Mutual Insurance Company v....