Category Archives: Property

Property Subrogation Posts

General Contractor Overhead And Profit And AOB Insurance Scams

A storm is rising, and it isn’t the type which causes damage to homes and vehicles. It causes damage of a much more insidious nature. Following a storm or other natural disaster, canvassers hired by the “hail cartel”—lawyers or opportunistic … Learn More

Watson Grinding Explosion in Houston

On January 24, 2020, a massive explosion ripped through the Watson Grinding and Manufacturing facility in northwest Houston. The blast damaged 450 structures in the area surrounding the facility. MWL’s Texas office heard the news a few hours after the … Learn More

Idaho Joins Minority of States Recognizing Third-Party Independent Tort of Spoliation

Raymond v. Idaho State Police, 451 P.3d 17 (Idaho 2019). “Spoliation” of evidence occurs when someone with an obligation to preserve evidence with regard to a legal claim neglects to do so or intentionally fails to do so. Such a … Learn More

Pennsylvania Finally Picks A Side On Landlord/Tenant Implied Co-Insured Issue

Joella v. Cole, 2019 WL 5287987 (Pa. Super. 2019). 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 and … Learn More

THE GENERAL CONTRACTOR PROBLEM: Paying Overhead and Profit in First-Party Claims

Standard homeowner policies pay personal property claims at actual cash value (ACV), which is the replacement cost (RC) of the damaged property based on its current used condition. In other words, it is valued at what it would cost to … Learn More

New Jersey’s Dangerous “Entire Controversy Doctrine”

Subrogation Rights Can Be Lost Before They Are Pursued.  New Jersey common law employs an equitable doctrine known as the “Entire Controversy Doctrine” (ECD), which can be a trap for the unwary and used as a secret weapon to destroy … Learn More

Amazon.com And The Liability Shield

Amazon.com is the world’s largest online retail marketplace. In the subrogation world, it’s common knowledge that, in states that allow strict liability claims against entities in the supply chain, Amazon attempts to preclude any liability by arguing that it is … Learn More

Sidewalk Defects and Municipal Liability: In Most States, Size Matters

Insurance claim files are overflowing with losses involving individuals injured when they trip and fall over cracked, broken, or uneven municipal sidewalks. In many cases, the injury is a direct result of a municipality failing to institute and/or conscientiously follow … Learn More

Citing MWL Chart, New Jersey Judge Prohibits Lawyer From Asking Client At Trial If Vehicle Is Totaled

Judge Refers to MWL Chart in Decision A New Jersey Superior Court judge recently issued a written ruling, holding that, as a matter of first impression, it was inappropriate for a lawyer to question his client during trial as to … Learn More

Texas Anti-Indemnity Laws

Texas is at the forefront of enacting laws which limit or bar indemnification clauses of contracts in industries in which the Texas legislature perceive one contracting party has an unfair advantage over the other. Texas currently has anti-indemnity statutes for … Learn More