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…
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 involving sidewalk defects, the injury is a direct result of a municipality failing to institute…
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…
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…
Subrogation potential often crashes and burns in the face of exculpatory agreements and liability waivers. As a result, understanding and invalidating such waivers has become an indispensable aspect of the subrogation industry. On April 12, 2019, Lee Wickert with MWL’s…
It remains one of the most difficult issues to deal within the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind and…
On December 28, 2018, the Indiana Court of Appeals issued a decision which continues to leave property subrogation involving landlords and tenant very much up in the air and subject to a case-by-case evaluation. In the case of Youell v.…
The Connecticut Supreme Court just made it easier for a landlord’s property insurer to subrogate against a tenant whose negligence causes damage to the landlord’s building. For years, Connecticut had followed the so-called “Sutton Rule” which holds that tenants are…
On Friday, November 30th, a magnitude 7.0 earthquake struck Alaska, approximately 10 miles northeast of Anchorage. Thankfully, the damage appears to be limited mainly to property loss, and a lot of that can be attributed to Alaska’s stringent building codes…
Fire-ravaged California is no stranger to the devastating loss of life and property at the hands of wildfires. This summer, a series of large wildfires erupted across California, mostly in the northern part of the state, including the destructive Carr…