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. Philip BerensMore Posts
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. Jonathan LevyMore Posts - Website
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...
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...
