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

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....