Landlord

WHEN LANDLORD’S CARRIER SUBROGATES AGAINST TENANT IN DELAWARE, READ THE LEASE: Donegal Mut. Ins. Co. v. Thangavel, 2023 WL 4605076 (Del. 2023)

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…

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MASSACHUSETTS SUPREME COURT PROTECTS DEALERSHIP FROM VICARIOUS LIABILITY FOR NEGLIGENCE OF CUSTOMER DRIVING COURTESY VEHICLE: Garcia v. Steele, 2023 WL 4188359 (Mass. 2023)

Auto subrogation and car dealerships are no strangers to one another. Car dealerships and their insurers routinely seek to hold vehicle test drivers, customers, and other permissive users liable for physical damage to the dealers’ courtesy and rental vehicles and…

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Delaware

THE CONFUSING STATE OF DELAWARE PIP VS. WORKERS COMPENSATION SUBROGATION: Amguard Insurance Company A/S/O Richard E. Cleveland, 2023 WL 3789445 (Del. Super. 2023)

As is the case in many no-fault states, Delaware employees injured in an automobile accident in the course and scope of employment might be entitled to both workers’ compensation and PIP benefits simultaneously. The Worker’s Compensation Act requires every employer…

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