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Subrogation
Attorneys from Cozen O’Connor’s Subrogation Practice, Howard Maycon, Kevin Bush, and Tom Regan, have been selected by their peers for recognition of professional excellence in litigating subrogation matters, and will be highlighted in the 28th Edition of The Best Lawyers in America©. Cozen O’Connor’s Subrogation Team is comprised of the very best talent, litigators and...
When evaluating the potential recovery for pursuing a subrogation action, insurance carriers must consider to what extent, if any, its insured negligently contributed to its injuries. Accounting for the insured’s potential liability is a significant part of the cost-benefit analysis for pursuing any subrogation claim.  But in certain circumstances, the carrier may be concerned that...
Picture this scenario: you have a massive water loss at a commercial construction project.  You send your forensic plumbing consultant to the scene.  Your consultant determines that the plumbing subcontractor forgot to apply adhesive to the pipes that served the fire suppression system.  One of the pipes split and flooded the entire complex when the...
In subrogation actions arising from a subcontractor’s negligence, a common defense for a general contractor is to allege that the subcontractor was an “independent contractor.” In other words – “it wasn’t me, it was the other guy, and I’m not responsible for him!” But is that always the end of the story? Courts in New...
It seems like a deceivingly simple question as most attorneys assume statutes of limitations apply to all proceedings, despite the forum. However, this is not the case. The answer to whether a statute of limitations applies to your arbitration claim depends on the following questions: Has your state legislature or court decided that statutes of...
The Economic Loss Doctrine (ELD) is a legal principle that bars negligence claims when damages are deemed purely “economic.” While more commonly applied in product defect cases, limited jurisdictions may also use the ELD to bar negligent construction claims.  And in these instances, a plaintiff’s property damage claim may be required to stem from a...
Undoubtedly, scene investigations are critical for subrogation recovery.  There are many things to handle and to consider with respect to scene investigations, including gathering needed evidence, avoiding spoliation, etc.   However, subrogation professionals should not forget that before it was a loss scene, it was someone’s home or place of business.  The relationship that the...
Most, if not all attorneys, are familiar with section 664.6 of the California Civil Procedure Code (CCP §664.6). CCP §664.6 previously authorized a court, upon motion, to enter a judgment in pending litigation pursuant to settlement terms if the involved parties sign a writing stipulating to settle litigation outside of the presence of the court....
Technology is advancing and so are subrogation investigations.  We are seeing investigations of losses and presentations for recovery make use of new technology, including laser scanning, 3D imaging, Lidar, drones, etc.  Some tech can come at a high expense, but as the tech becomes more available, it will become standard use in the industry.  For...
There are what seems like countless hindrances to subrogation recovery.  With a spin on Elizabeth Barrett Browning’s famous love poem for the title of this article, we delve broadly into the legal bars for recovery.  The non-exhaustive list below outlines some of the main legal doctrines barring recovery in insurance claims.  Hopefully, these simple definitions...
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