5TH CIRCUIT SAYS NO SUCH THING AS AN UNDERINSURED VEHICLE WHEN IT COMES TO DIMINUTION IN VALUE PROPERTY CLAIMS IN MISSISSIPPI: Watkins v. Allstate Prop. & Cas. Ins. Co., 2024 WL 135458 (5th Cir. 2024)

Auto, Med Pay, PIP, Newsletter, Subrogation

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 (insured by Safeway Insurance Company) negligently crashed into a vehicle driven by Kenan Watkins (insured…

OHIO SUPREME COURT SAYS THAT MEDICAL MALPRACTICE STATUTE OF REPOSE APPLIES TO WRONGFUL DEATH AND DERIVATIVE CLAIMS: Everhart v. Coshocton County Memorial Hospital, 2023 WL 8939848 (Ohio Dec. 28, 2023)

Newsletter, Subrogation

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 date that the medical negligence occurred. If the basis of the claim is discovered in…

Magnify House

PENNSYLVANIA SUPERIOR COURT WILL RECONSIDER ITS OWN DECISION ON LANDLORD/TENANT SUBROGATION: Mut. Benefit Ins. Co. v. Koser, 2023 WL 8360563 (Pa. Super. 2023), reargument granted, opinion withdrawn, 2024 WL 174472 (Pa. Super. Jan. 17, 2024)

Newsletter, Property, Subrogation

Subrogation professionals are seeing more and more cases involving a landlord’s carrier wanting to subrogate against a negligent tenant who caused damage to the leased premises. The ability of a landlord’s property insurer to subrogate against a tenant for property damage caused by the negligence of the tenant depends on which state the loss occurs…