The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.” The meme itself connotes setting loose utter destruction on one’s enemy—a description which can be…
One of the most difficult and confusing issues to deal with in the world of homeowner’s insurance property claims is the obligation to repair or replace an insured’s damage property with “material of like kind and quality” or with “similar material.” When damage caused by fire, smoke, water, hail, or other causes results in a…
The ability of a workers’ compensation carrier to subrogate against and/or seek reimbursement from a recovery made from a third-party tortfeasor responsible for causing the employee’s work-related injuries is universally recognized across the country as a major tool for holding down workers’ compensation premiums for large and small businesses and employers. Whether or not this…
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 of tainted fuel, all thoughts must immediately turn to subrogation. One question which precedes any…
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 that a product was defective, subrogation will fail. Spoliation has become one of the most…
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 (horses, cattle, sheep, goats, etc.) will eat hay. It is usually fed to livestock when…
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 of Maui including the towns of Lahaina, Kula and in upcountry Maui. The climate conditions…
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, but as of June 1, 2010, Wisconsin now mandates that drivers purchase auto liability insurance.…
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 damage caused by the negligence of the tenant depends on which state the loss occurs…
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 of § 23:1032. The company will be liable to pay workers’ compensation benefits to any such…