Ronald Reagan famously said, “The most terrifying words in the English language are: I’m from the government and I’m here to help.” Government has become almost synonymous with ineptitude. So it should be no surprise that every day people are injured, killed, or sustain property damage at the hands of careless government employees. Damages available to…
The amount and dollar value of insurance claims relating to property loss alone dwarf all other lines of insurance. Water losses in the U.S. result in more than $9 billion in property damage annually. Fire losses result in more than $12 billion in annual damage. Hailstorms cause over $1 billion in damage. Homeowners’ and commercial…
In a recent major water and mold damage subrogation case in New York, the focus was on negligent maintenance and the failure to detect a major defect in a commercial HVAC system, which ultimately led to major water and mold damage and a large subrogation claim. The interesting aspect of this case, aside from the…
In the 2003 Walt Disney blockbuster Pirates of the Caribbean: The Curse of the Black Pearl, Hector Barbossa and the crew of the Black Pearl are in a cavern trying to reverse their curse when Elizabeth invokes the right of parley and notes that, according to the Pirate Code, she must be taken to their…
Subrogation against a negligent tenant by a landlord’s property insurer is a major source of recovery income for many insurers. Unfortunately, as is all too often the case, the law in many states has been developed in such a way to make recovery opportunities very difficult, if not impossible, to pursue. The ability of a…
As someone whose childhood winter chores included “shoveling the roof”, I have an intimate familiarity with the concept of the potential for roof collapse from the weight of excessive snow and ice. Winter storms this season have produced all-time record snowfall records in Maryland, Pennsylvania, and parts of New York. Winter Storm Jonas is the…
During my first decade of practicing law in Texas, I enjoyed a good professional relationship with Texas Governor Greg Abbott. In those days, Greg, who is my age and earned his law degree one year after me, was a young defense attorney with the Houston law firm of Butler Binion, and was opposite me in…
Wisconsin’s so-called dog bite statute entitled “Owner’s Liability for Damage Caused by Dog” is currently set forth in Wis. Stat. § 174.02. Section 174.02(1)(a) deals with a “first bite” of a dog while § 174.02(1)(b) deals with a “second bite” of a dog with the owner or keeper of the dog being required to have…
Gary L. Wickert will be presenting a complimentary webinar on February 25, 2016 at 10:00 a.m. (Central) on Introduction To Property and Casualty Subrogation. From recognition of subrogation in difficult fact settings to effective and thorough, yet cost-effective, investigation of natural disasters, this 90-minute webinar will focus on training the claims/subrogation professional on when, how, and…
With holiday shopping in full swing and Christmas a week away, there are growing concerns over the safety of one of the season’s hottest items – hoverboards. The year’s “must have” gift harkens back to the popular ‘80s movie Back To The Future II and has captured the imagination of young and old alike, their popularity…