Oh, that it wasn’t so, but today’s world of insurance claims adjusting, subrogation, and civil litigation rewards the ability of one party to take advantage of what the other party doesn’t know. A civil trial is known as an “adversary…
The American horror film “Split”, directed by M. Night Shyamalan, is a psychological thriller which centers on a bizarre antagonist with 23 separate personalities. Without spoiling the plot, suffice it to say that it focuses on the fact that there…
The law in Pennsylvania regarding the ability of a landlord’s property insurer to subrogate against a tenant whose negligence causes damage to the landlord’s building has been very slow to develop. But they are quickly making up for lost time.…
Thin skin and subrogation do not go hand-in-hand. We are the crashers at every party and the uninvited guests that nobody wants to see show up when a personal injury suit has been filed. Trial lawyers believe we take money…
For almost five decades Texas has had a single statute of repose which imposed a ten (10) year period for claims against architects, engineers, interior designers, landscape architects, builders, and construction contractors.[1] Texas has imposed a ten-year statute of repose…
Workers’ Compensation Subrogation and Employee Leasing Companies At its core, workers’ compensation subrogation is quite simple. Employee injured while at work receives workers compensation benefits. Carrier paying benefits recovers those benefits from anyone responsible for causing the injury other than…
Claims Journal recently reported on a new Ohio State University study which examines who is at fault when cars hit pedestrians shows that vehicle/pedestrian accidents occur much more frequently in certain environments than in others. The study showed that pedestrians…
The wildfires in the Texas Panhandle are already the largest fire in state history, resulting in two deceased, burning more than 1,059,570 acres, countless livestock loss, and over 500 structures damaged. The fire has still not been completely contained at…
A recent 5th Circuit Court of Appeals decision interpreting Mississippi insurance law has ruled that an automobile insurance carrier can exclude diminished value claims from its underinsured motorist coverage. In Watkins v. Allstate Property & Casualty Insurance Company, Kimberly Jones…
In Ohio, while the usual statute of limitations for both personal injury and property damage is two (2) years, § 2305.113 provides that an action for medical malpractice must in all cases be filed within four (4) years from the…