The United States District Court of Maryland recently held that a waiver of subrogation clause found in an AIA agreement can be superseded by subsequent contract language between the contractors. In Turner Construction Co. v. BFPE Int’l, 2016 WL 1169938 (D. Md. Mar. 25, 2016), a general contractor brought suit against its subcontractor for property...
In a Per Curium unpublished opinion dated August 9, 2016, an intermediate appellate court in Michigan overruled a trial judge’s grant of summary judgment based on a waiver of subrogation but affirmed the ruling that the plaintiff had not plead sufficient facts of gross negligence to state a claim. The subrogated claim involved an alleged...
Recently, a subrogation action was filed on behalf of an insurer alleging that a product sold on eBay and Amazon caused a fire for which the insurer is seeking recovery. The action was filed in state court and thereafter removed to federal court. This lawsuit again reminds us in the subrogation world of the difficulty...
The old joke in school used to be, “…the dog ate my homework.” Well, now, as a consequence of manufacturers moving toward more “green” ecologically fashionable products, the wiring in automobiles and common outdoor appliances is becoming feast food for rats, mice and vermin. The intention for utilizing “soy” based wiring coatings was to eliminate...
The first known fatal accident involving a vehicle operating in a type of autopilot mode occurred in Williston, Florida on May 7, 2016. The accident involved a Tesla Model S electric car that was engaged in Autopilot mode. The driver was killed when the Tesla crashed into a large 18-wheel tractor-trailer. The National Highway Traffic...
On July 6, 2016, the Consumer Product Safety Commission (CPSC) issued a recall for more than 500,000 hoverboards due to fire hazards. The recall involves ten manufacturers, retailers, online retailers and/or US importers, with over half involving the popular Swagway model. The basis for the recall is: “The lithium-ion battery packs in the self-balancing scooters/hoverboards...
The Utah Appellate Court recently issued an opinion in a medical subrogation case that contained broad language regarding subrogation law in Utah. See Wilson v. Educators Mut. Ins. Ass’n., 2016 UT App 38. The decision, read out of context, can be used to suggest that a subrogation case in Utah must be brought in the...
It was just a matter of time. As cyber-attacks rose and the data security breaches became increasingly devastating to businesses and individuals, cyber breach insurance became more prevalent. And where insurance appears, subrogation recovery follows. We have not seen an overwhelming number of cyber claims or lawsuits filed – yet. One of the main lawsuits...
Product vs. Improvement to Real Property: Which Statute of Repose Applies? Depending on the jurisdiction of your loss, the answer to this question may significantly impact the viability your claim. A quick review of the law in South Carolina, North Carolina, and Tennessee demonstrates the varying results across a small sample of jurisdictions in geographical...
Georgia has traditionally adhered to the “made whole” doctrine, which provides that, “[w]here the insurer or the insured must go unpaid to some extent, the loss should be borne by the insurer, since the insurer has already been paid a premium for assuming this risk and would have been obligated to pay medical expenses regardless...
