November 2014 Subrogation Newsletter
Indiana Announces Subrogation-Friendly Rule When Landlord's Carrier Seeks Recovery Against Negligent Tenant
On October 28, 2014, Indiana for the first time officially announced that whether subrogation could be brought by a landlord’s insurer against a negligent tenant was to be determined on a case-by-case approach based on the reasonable expectations of the parties as reflected in the lease agreement. LBM Realty, LLC v. Mannia, 2014 WL 5461791 (Ind. App. 2014). In determining the expectations of the parties as articulated in the lease, courts should look for evidence indicating which party agreed to bear the risk of loss for a particular type of damage in question.
Arbitration Forums Makes Rule Changes Related to Arbitrating Product Liability Claims Effective January 1, 2015
Arbitration Forums (AF) has recognized that product liability disputes are uniquely challenging. Therefore, effective January 1, 2015, AF will implement changes to the Property Program in that the agreement will no longer compel arbitration of product liability disputes. Member companies can still voluntarily submit product liability claims to AF for an arbitration decision. This strikes a good balance between the complex product liability claims that demand expert participation and debate and smaller property damage claims that may not warrant the outlay of costs related to expert depositions and litigation expenses.
Referring a subrogation file to Matthiesen, Wickert & Lehrer, S.C. is now easier than ever! You can refer a file through our website using our REFER A FILE feature. This feature was recently upgraded to speed up the process and the steps to submit a file have been reduced to two steps versus the three steps it had before.
Complex litigation and subrogation cases involving product liability and/or technical issues often require opinion testimony in the form of expert witnesses. All too often we see a poor choice of an expert result in a poor subrogation result. Matthiesen, Wickert & Lehrer, S.C. has spent over twenty years compiling a database of more than 25,000 experts throughout North America, broken down by geography, expertise, and cost. One of the services we offer our clients is locating potential experts when they need them. Every month, our Meet The Expert column will highlight a qualified expert with whom we have had success in the past. This month, we invite you to meet Antoine Rios, Ph.D.
For everyone at Matthiesen, Wickert & Lehrer, S.C., Thanksgiving is far more than a special day on the calendar. We are each reminded to live a life of thanksgiving each day we are given, thankful to God for all of His blessings. Even in the midst of misfortune we can find time and reason to give thanks. Join us this Thanksgiving in giving thanks in the words of Ralph Waldo Emerson: “For each new morning with its light, for rest and shelter of the night; For health and food, for love and friends; for everything Thy goodness sends.”