When pursuing a subrogation claim for property damages against a public entity, the claimant carrier must evaluate its potential causes of action (i.e., theories of liability).  Two common tort actions, with their differences often misunderstood, are inverse condemnation and negligence.  For your quick reference, we compare and contrast the two. About The Author

As parties increasingly seek to limit liability through contractual disclaimers, the Oregon Supreme Court has issued a clear reminder: tort waivers must be stated in unmistakable terms to be enforceable. Courts will not infer a waiver from context or implication alone. About The Author

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...

Fires linked to homeless individuals seeking shelter on private property are no longer rare incidents. These situations raise a critical question: when does a property owner’s inaction cross the line into negligence? About The Author

Homelessness is a major issue in American cities. We receive many subrogation inquiries about whether public entities can be pursued when an incident begins in a homeless encampment on government property and then causes damage to an insured’s property. About The Author

            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. About The Authors

International trade has become more seamless over the years, and bills of lading which represent a receipt, contract and proof of ownership all at the same time, play a key role in this. It is important for parties to a bill of lading to be aware and understand their responsibilities, liabilities and limitations under the...

On July 24, 2025, the Consumer Product Safety Commission (CPSC) issued a recall for more than 634,000 Frigidaire-branded minifridges.  The CPSC recall notice indicates that the minifridges’ “electrical components can short circuit and ignite the surrounding plastic housing, posing fire and burn hazards.”  According to the CPSC recall notice, there have been at least 26...

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...