Subrogation in the Eye of the Storm: Recent Severe Weather Presents Hidden Subrogation Opportunities

As a historic and deadly wave of severe weather events continues to batter the U.S. Midwest, the insurance and reinsurance industries are bracing for more than $5 billion in losses, making this one of the most significant natural disaster events of 2025. Tornadoes, torrential rains, flooding, and destructive winds have brought widespread destruction to communities…

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HOLDING NEGLIGENT ROOFERS ACCOUNTABLE: Subrogating Water Losses from Poor Rain Protection

When homeowners hire roofing contractors to repair or replace their roofs, they expect professionalism and care. However, water damage caused by a roofer’s failure to protect a roof during inclement weather is a common and costly problem. For Insurance carriers pursuing subrogation, overcoming the defenses asserted by roofers, including claims that roofing work cannot always…

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SUBROGATION PROFESSIONALS CAN AVOID THAT SINKING FEELING WHEN SUBSIDENCE AND SINKHOLES IN SOUTH FLORIDA CAUSE PROPERTY DAMAGE

A study conducted by scientists at the University of Miami has revealed that almost three dozen high-rise condos and luxury hotels along the beach in South Florida are sinking, and insurance companies are on high alert. To be exact, thirty-five buildings, including both luxury hotels and condominiums, have sunk between one to three inches in…

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Magnify House

AVOIDING SPOLIATION WHEN CONDUCTING PROPERTY LOSS SUBROGATION INSPECTIONS

Recognizing, investigating, and aggressively pursuing subrogation potential is a very important part of claims and subrogation professionals’ day-to-day responsibilities. But doing so carelessly is not without its traps, pitfalls, and consequences. Claims handlers who also wear a subrogation hat must delicately balance the exigent need for an insured to get his burned dwelling or structure…

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SUBROGATING DAMAGE CAUSED BY SWAT AND POLICE ACTION OR BY ORDER OF GOVERNMENTAL AUTHORITY: Baker v. City of McKinney, Texas, 84 F.4th 378 (5th Cir. 2023)

On July 25, 2020, a man named Wesley Little showed up at the front door of Vicki Baker, who was a long time resident of McKinney, Texas. Little had a 15 year-old girl with him when he knocked on the door. Only Vicki’s daughter, Deanna Cook, was home at the time. She recognized Little because…

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Lease

Pennsylvania Appellate Court Says Silent Lease Means Tenant Is Not Considered A Coinsured And Carrier Can Subrogate

The law in Pennsylvania regarding the ability of a landlord’s property insurer to subrogate against a tenant whose negligence causes damage to the landlord’s building has been very slow to develop. But they are quickly making up for lost time. Until recently, Pennsylvania had only one case speaking to this issue. In 1990, the Pennsylvania…

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Texas Creates New Statute of Repose for Residential Construction Claims

For almost five decades Texas has had a single statute of repose which imposed a ten (10) year period for claims against architects, engineers, interior designers, landscape architects, builders, and construction contractors.[1]  Texas has imposed a ten-year statute of repose on suits against builders or contractors who construct or repair improvements to real property.  It…

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