TIMELINESS OF PROPERTY SUBROGATION SUITS IN LOUISIANA: A Back Door Around Prescription

Louisiana, with its short one-year tort statute of limitations (in Louisiana called prescription), catches many insurance subrogation professionals unaware. Some may assume that because suit was filed by another party involved in the accident or even by their own insured, the property subrogation claim will relate back to the time of filing of the original…

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Landlord

WHEN LANDLORD’S CARRIER SUBROGATES AGAINST TENANT IN DELAWARE, READ THE LEASE: Donegal Mut. Ins. Co. v. Thangavel, 2023 WL 4605076 (Del. 2023)

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 damage caused by the negligence of the tenant depends on which state the loss occurs…

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Roof

RCV, ACV and the Depreciation of Labor

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 blood in the water given the turmoil and lack of clear guidance from state to…

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Washington

Washington Court Allows Recovery for Residual Diminished Value Following Vehicle Repairs

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 remains after it is completely and professionally repaired. It is the loss of value that…

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