On October 16, 2023, the Arizona Supreme Court in Torres v. JAI Dining Services (Phoenix), Inc., ruled that the Arizona constitution does not protect common law dram shop actions, and thus, the legislature, by enacting a statutory dram shop claim,…
Most of us don’t give much thought to contaminated gasoline and the tremendous property damage it can cause to vehicle engines and other equipment. But when an insurance company must pay out tens of thousands of dollars as a result…
Understanding spoliation has become an increasingly integral and important aspect of effective subrogation efforts. Without the necessary evidence and investigation required for a subrogated insurance company to meet its burden of proving the origin and cause of a fire or…
Texas is by far the biggest producer of hay in the United States; with Missouri and Nebraska a distant second and third. Feeding livestock is the number one use of hay, as almost any animal on a farm or ranch…
For the last ten years MWL has self-published and distributed its book entitled “Where’s The Beef?: Subrogating Livestock/Vehicle Collisions in All 50 States.” Recently, the firm has partnered with its legal treatise publisher, Juris Publishers, Inc. in New York, to…
One of the most successful weapons trial lawyers have discovered in combatting subrogation across the country has been the Made Whole Doctrine. It requires an insured to be fully compensated for damages (i.e., to be “made whole”) before the insurer…
What Happened The island of Maui, Hawaii was the unfortunate victim to catastrophic wildfires on August 8, 2023. Sources and authorities say that throughout the day and night of August 8, several brush fires were ignited all over the island…
Most states now have mandatory car insurance laws that require all drivers to have some type of insurance. New Hampshire is the last of the 50 states which does not require mandatory automobile liability insurance. Wisconsin was second to last,…
Across the country, landlord/property owners’ insurance carriers’ efforts to subrogate against tenants who cause damage to the owners’ property has become a heavily-litigated issue—with mixed results. The ability of a landlord’s property insurer to subrogate against a tenant for property…
In Louisiana, when a company undertakes to execute any work which is a part of its trade, business or occupation, and contracts with any subcontractor for the execution of such work, the company is entitled to the exclusive remedy protection…