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…
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…
Trial lawyers are filing bad faith class action suits against insurance companies across the country in rapid fashion based on alleged wrongful depreciation of labor costs in their calculation of Actual Cash Value (ACV) in property loss claims. They smell…
Grothe v. Kushnivich, 521 P.3d 228 (Wash. App. 2022) One by one, states have begun to recognize a vehicle owner’s third-party claim for residual diminished value damage, or “stigma damage”, which is the loss of value of an automobile that…
Sheckler v. Auto-Owners Ins. Co., 2022 WL 17245548 (Ill. 2022). The ability of a landlord’s property insurer to subrogate against a tenant for property damage caused by the negligence of the tenant varies greatly from state to state and often…
They refer to it simply as “The Storms of 98.” Fierce rains and high tides combined to make San Francisquito Creek overflow its banks at 1 a.m., inundating houses, cars and streets. Firefighters used boats to rescue people trapped in…
The devastation of Hurricane Ian reminds us that the opportunity for property subrogation success is often disguised as an Act of God. The claims history of most domestic insurance carriers is littered with billion dollar claims as a result of…
We are in the early stages of sifting through the debris of Hurricane Ian and calculating the financial and human toll it took after coming ashore in Southwest Florida with 150 mph winds and 20 inches of rain. The insured…
As Hurricane Ian fades into the Atlantic and insurance professionals are left to sort out the devastation in its wake, another storm is rising, and it is not the type which causes damage to homes and vehicles. It causes damage…
Flooding is the number one natural peril in the U.S.—even more devastating than wildfires and storms. Since 2011, there have been over $100 billion in insured losses from flood events around the globe. Over the past three decades, Matthiesen, Wickert…