When drafting a contract, aim to avoid court but prepare as if litigation is inevitable. In commercial transactions and disputes, the crux of a case often hinges on the details of the agreements. The following are common contractual conundrums and practice tips for addressing them. We hope this article will help you in understanding the...
Florida Statute Section 624.155(6) is a significant provision affecting subrogation in Florida. This statute, enacted as part of a broader tort reform package in March 2023, addresses the complexities liability insurers face when dealing with multiple claimants with competing claims that exceed policy limits. Prior to the enactment of Florida Statute Section 624.155(6), liability insurers...
The daily life of a subrogation professional is often analogized to digging through stones in search of diamonds. The dig can be frustrating, exhausting, and even discouraging at times. Each investigation begins with optimism and enthusiasm, but many times the end result is that the diamond we thought we were holding, is just another stone....
Construction defect law in Colorado has been a polarizing issue for decades. In 2001, the Colorado Construction Defect Action Reform Act (CDARA) was passed to address a perceived crisis in the Colorado construction industry caused by a surge in litigation arising from construction defects. The law had several key provisions. It prescribed a process for...
A recent Oregon Supreme Court decision has lessened the load on subrogation attorneys fighting against restrictive subrogation waivers. In Certain Underwriters v. TNA NA Manufacturing, an insured buyer of food processing equipment brought claims against the seller of equipment after facing significant losses due to a product recall. See Certain Underwriters at Lloyd’s London v....
An earthquake in Manhattan? Bet you didn’t have that on your 2024 bingo card. Yet on April 6, a 4.8-magnitude earthquake sent people scrambling outside their homes and offices, not just in New York but throughout the larger Northeast, spanning as far south as Philadelphia and as far north as Boston. Of course, earthquakes are...
Somehow, 30 some years have now gone by handling Subrogation matters for so many wonderful clients. From losses at the mall, the big league stadium, local waterslide park, pig farm, high rise buildings, industrial and power plants, commercial buildings, residences, motorhomes and mansions, and many other places, they have all had their unique twist on...
A number of property damage subrogation cases involve pursuit by a property owner’s insurer of a negligent tenant. Once liability is determined, the first part of the legal analysis is to determine application of the Implied Co-Insurance Doctrine. In review of the policy and lease agreement, we determine if the tenant is covered under the...
Cozen O’Connor’s Subrogation attorney Larry Walker assisted on the team of other Cozen lawyers (Matt Glazer and Chase Howard), along with the Pennsylvania Innocence Project, to secure the exoneration and release of a man wrongfully convicted of arson. About The Author
On March 24, 2023, Florida reduced the Statute of Limitations for negligence claims from 4 years to 2 years for any negligence causes of action arising after the amendment went into effect on that date. Fla. Stat. § 95.11(4)(a); see also Florida House Bill 837, https://www.flsenate.gov/Session/Bill/2023/837. Negligence if often pled in tandem with or as...
