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Subrogation
If you are handling or investigating a subrogation suit against the government, let this be another reminder of the importance of notice. A U.S. District Court Judge, sitting in Alaska, recently shot down the government’s motion to dismiss a subrogation lawsuit based upon perceived inadequacies in the notice of claim. The subrogation case originated from...
It should seem fundamental to attorneys and subrogation professionals that when a subrogation lawsuit is brought, the insured cannot be named as a defendant in the action. However, there are instances where the uninitiated defendant seeks to name the carrier’s insured as a third-party defendant to force the insured to become a party to the...
This Women in Subro blog series highlights powerhouse women in the industry while discussing leadership, management, and success in subrogation.  In our interview with Cheri MacArthur, Chair of the Rocky Mountain Region of Cozen O’Connor’s Subrogation & Recovery Department and Office Managing Partner of the Denver office, we recognize and appreciate that she is homegrown...
A recent federal case provided an excellent example that not all supposed waivers of subrogation are, in fact, waivers. In National Surety Corp., et al. v. Bozeman, 2022 WL 953053, No. 1:20-cv-01187-WJM-GPG (D. Colo. March 30, 2022), National Surety filed a subrogation action alleging the defendant – the owner of the unit where the fire...
Frequently, freight brokers attempt to deny subrogation claims for cargo damaged in transit on a truck by arguing that they are accorded broker status and do not have the same strict liability as a “Motor Carrier” under The Carmack Amendment.  However, a recent action by the United States Supreme Court this summer supports subrogated insurers...
If you are handling or investigating any water losses due to the failure of certain Viking brand VK457 sprinkler heads, you may be able to benefit from a class action settlement. As you may be aware, a class action suit, entitled Jackson, et al. v. Viking Group, Inc., et al., No. 8:18-cv-02356-PJM (D. Md.), was brought...
As stated by Justice Abella in Sable Offshore Energy Inc. v. Ameron International Corp., “a Pierringer Agreement allows one or more defendants in a multi-party proceeding to settle with the plaintiff and withdraw from the litigation, leaving the remaining defendants responsible only for the loss they actually caused. There is no joint liability with the...
There are many challenges to subrogation recovery when the fire originates at a neighboring property.  To assist with the challenge of pursuing liability, one tip is to look for evidence supporting the fire spread theory.  In some jurisdictions, common law negligence claims and code violations are allowed to hold the property owner or property manager...
At one time or another, most subrogation professionals have struggled to track down an actual or alleged independent contractor involved with some scope of work relating to a loss.  In some cases, we also find that defenses are being raised that someone was an independent contractor versus a direct employee.  Often, we have to rely...
Litigants in New York now face new requirements for the production of liability insurance information at the onset of a civil action. The “Comprehensive Insurance Disclosure Act” (the “Act”) was signed into law by New York Governor Kathy Hochul on December 31, 2021. This legislation alters C.P.L.R. § 3101(f) with new requirements for defendants, third-party...
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