Category Archives: Property

Property Subrogation Posts

NFPA 921 Standards Have Changed: What Every Claims Adjuster Should Know

In 1992, the National Fire Protection Association created a set of investigative guidelines that was published as “NFPA 921: Guide for Fire and Explosive Investigations.” The guide is widely used by both public and private fire investigators. It describes in … Learn More

Hurricane Ida Special Report – Damage from Falling Trees

We have recently seen an uptick in cases where a tree has fallen on to a neighbor’s house, with calamitous results. Hurricane Ida will likely only increase such claims. As the first-party claim by the homeowner is processed, subrogation professionals … Learn More

Texas Residential Construction Liability Act 101

Picture this. You build your dream home, or you add a new room onto your house. The first time it rains, you end up with a leaky roof, damaged walls, water on your floors, and your belongings require cleaning or … Learn More

Avoiding The Sutton Rule: Michigan Decision Makes Landlord/Tenant Subrogation Easier

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 the nature and language of the lease involved. There … Learn More

MWL to Present a CPCU Webinar on Subrogating Catastrophes: The Surfside Condo Collapse and Acts of God

Presented By: Society of Chartered Property and Casualty Underwriters (CPCU) MWL Speakers: Gary Wickert, Mark Solomon, Ashton Kirsch, and Elizabeth Hernandez This webinar explores the many avenues of potential recovery from catastrophic events when negligence exacerbates or increases the damages. … Learn More

Subrogating Surfside Condo Collapse

There are over a dozen people dead and 147 others remain unaccounted for. It is a human tragedy of unspeakable proportion and our prayers go out to all the families whose lives have been shattered by this tragic event. In … Learn More

Duplex: Subrogating Landlord Tenant Property Losses

In the 2003 Miramax comedy Duplex, Ben Stiller and Drew Barrymore are Brooklyn landlords to a pesky, rent‑controlled tenant named Mrs. Connelly, played by Eileen Essell. Efforts to get rid of Connelly fail and the tenant’s careless actions cause a … Learn More

Subrogating Freeze Damage When Texas Power Plants Are Not Dressed For Winter

Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it … Learn More

Record Cold and Snow in the South Will Lead to Many Subrogation Opportunities

Although I am a native Texan, I grew up in Wisconsin. Therefore, I am no stranger to cold weather or the devastating effects it can have on people and property. When I moved back to Texas two years ago to … Learn More

Subrogating Slip And Fall Cases Involving Snow And Ice

Injury and workers’ compensation cases involving slips and falls on snow and ice during winter in America’s northern states, and southern states this year, continue to be a perplexing subrogation puzzle for insurance claims and subrogation professionals. During the winter … Learn More