The long-standing and dysfunctional approach to subrogating against foreign manufacturers has become the primary reason why pursuing Chinese manufacturers is difficult and expensive. Many insurers, corporations, and law firms continue to implement tired and ineffective tools in pursuit of these…
Robert Van Orden v. USAA, 2014 MT 45 (Mont. 2014) Montana has long been one of the toughest states to subrogate in because it has a very strict made whole policy. It is the public policy in Montana that an…
Two Texas vehicle owners driving identical vehicles are involved in accidents caused by a negligent tortfeasor. Both contact their insurance company regarding their damaged vehicles. Both must wait for an appraiser to inspect the vehicle and write a report. One…
Whether you are investigating a subrogation claim or conducting interviews of injured claimants, being able to record a conversation and refer back to it can be indispensable to the handling of a matter either before or during litigation. Today’s technology…
A Christmas-day article in one of our local newspapers drives home the important lesson that a subrogation claim is often won or lost in the short period immediately following a loss. On July 6, 2013, pieces of electrical equipment in…
As most subrogation professionals handling auto subrogation in Illinois know, Illinois Senate Bill signed into law effective January 1, 2012 changed subrogation in that state significantly. For the first time, Illinois mandated that in collision subrogation cases involving amounts less…
In reviewing a three-year-old property subrogation file for a client recently, we noticed repeated references in the claim notes to the lack of subrogation due to the fact that the insured had agreed to indemnify the tortfeasor for any damages…
In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases…
Urban legends and old wives’ tales are everywhere. If you eat within an hour of swimming, you will get cramps. Chocolate causes acne. Carrots improve your vision. You can catch a cold by standing outside in the cold. You can…
Until July 30, 2013, Connecticut was still one of the few states which hadn’t officially adopted the equitable Made Whole Doctrine in a subrogation setting. However, the new Supreme Court decision in Fireman’s Fund Ins. Co. v. TD Banknorth Ins.…