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…
Florida property subrogation is big business. It has the third-most automobiles on the road, behind California and Texas. It has the most condominium units of any state—by a country mile. According to the Insurance Information Institute, it is second only…
Spoliation has become a growing problem in the world of insurance subrogation. Far too often, claims representatives or subrogation professionals fail to secure defective products or other evidence important to a future subrogation claim. In far too many cases, the…
A storm is rising, and it is not 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…
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…
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…
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…
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…
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…
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…