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...

For nearly 50 years, Texas has imposed a ten-year statute of repose on suits against builders or contractors who construct or repair improvements to real property.  On June 9, 2023, House Bill 2024 amended Section 16.009 of the Texas Civil Practice and Remedies Code to create a shorter, six-year repose period in certain circumstances. About...

Vacant buildings, due to improper security, maintenance or protection, are constantly the source of fires that spread to neighboring and innocent property owners. These properties create significant risks to their surroundings while making subrogation claims difficult from the outset. About The Author