Category Archives: Construction Defect

IF IT SEEMS TOO GOOD TO BE TRUE: The Problem With Cut-Rate Subrogation Vendors

Posted by Gary L. Wickert on April 30, 2020

Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath to pull the trigger and file suit … Learn More

SUING THE KING: State Sovereign Immunity And Tort Liability In All 50 States

Posted by Gary L. Wickert on September 7, 2016

Ronald Reagan famously said, “The most terrifying words in the English language are: I’m from the government and I’m here to help.” Government has become almost synonymous with ineptitude. So it should be no surprise that every day people are … Learn More

Subrogating Snowmageddon And Winter Roof Collapses

Posted by Gary L. Wickert on February 23, 2016

As someone whose childhood winter chores included “shoveling the roof”, I have an intimate familiarity with the concept of the potential for roof collapse from the weight of excessive snow and ice. Winter storms this season have produced all-time record … Learn More

Subrogating Condominium Damage

Posted by Gary L. Wickert on May 21, 2015

Imagine opening the door to your condominium (“condo”) only to be confronted by several inches of standing water. The first call is to your insurance company, which must then consider not only mitigating, adjusting, and paying the claim, but subrogating … Learn More

New Wisconsin Federal Court Decision Makes Made Whole Doctrine A Self-Fulfilling Prophecy

Posted by Gary L. Wickert on March 30, 2015

What if the deck was stacked in such a way that insureds and tortfeasors could gerrymander and structure a tort settlement so as to ensure that the insured would never be “made whole”? Surely such ability would be a legal … Learn More

Wisconsin Supreme Court Clarifies When Homeowner Can Be Held Liable For Negligent Acts Of Independent Contractor

Posted by Douglas W. Lehrer on February 4, 2015

The independent contractor rule in Wisconsin generally provides that “one who contracts for the services of an independent contractor is not liable to others for the acts of the independent contractor.” Lofy v. Joint School District 2, 42 Wis.2d 253, … Learn More

You Break It, You Buy It: Understanding Anti-Indemnity Statutes

Posted by Gary L. Wickert on April 16, 2014

The song we learn in our youth is the song we sing for life. Children often blame others for their mistakes and misdeeds – a desperate effort to shift responsibility and avoid unpleasant consequences. As adults engaging in commerce, we … Learn More

Understanding Pennsylvania’s Statutory Employer Defense

Posted by Gary L. Wickert on April 15, 2014

Abraham Lincoln once said, “The best way to get a bad law repealed is to enforce it strictly.” When and whether an injured employee can sue an owner or subcontractor for a work-related injury in Pennsylvania has been a matter … Learn More