Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal
Workers' Compensation Academy: 2020: A Unique Year in Many Ways Including Changes in New Jersey Workers’ Compensation
Subro Sense - The ABC's of RCV and ACV
Butler's Thursday Tips #6 | Made-Whole Rule
SUBRO SENSE PODCAST - Forensic Investigation of Subrogation Claims During COVID-19
Butler's Thursday Tips #3 | Handling Business Loss Claims
Subro Sense Podcast - Considerations In Fixed Funds/Limited Pool Scenarios
Subro Sense Podcast - Made Whole Rule: Lessons Learned From The 9/11 World Trade Center Litigation
Subro Sense Podcast - Unique Factors and Considerations in a Subrogation Release
Subro in Seconds | VLOG 2
Subro Sense Podcast - Hosted by Aaron Jacobs
QUICK INVESTIGATING TIPS FOR FIRE SPRINKLER CLAIMS
What is Subrogation and How Does it Affect Settlement Amounts?
Supreme Court’s Recent ERISA Subrogation Ruling is Shortsighted, Makes Personal Injury Settlements More Difficult
A recent Maryland appellate decision arising from an insurance company’s exercise of subrogation rights against negligent subcontractors in connection with tornado damage to a warehouse illustrates the pitfalls of waiver of...more
In Zurich Am. Ins. Co. v. Infrastructure Eng’g. Inc., 2023 Ill. App. LEXIS 383, the insurer, Zurich American Insurance Company (Insurer) proceeded as subrogee of Community College District No. 508 d/b/a City Colleges of...more
In State Farm Fire & Cas. Co. v. Wangs Alliance Corp., No. 21-cv-10389-AK, 2022 U.S. Dist. LEXIS 26712, the United States District Court for the District of Massachusetts (District Court) considered whether a product...more
As the economic crisis stemming from the coronavirus pandemic unfolds, it is ever more important that contractors and subcontractors protect their payment rights and avoid the risk of double payment; i.e., the risk of having...more
A homeowner’s insurer sought to recover amounts the homeowner insurer paid with respect to construction and renovation work performed on a home (two combined residential co-op units) from the CGL carrier of a general...more
Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims....more
In Rural Mut. Ins. Co. v. Lester Bldgs., LLC 2019 WI 70, 2019 Wisc. LEXIS 272, the Supreme Court of Wisconsin considered whether a subrogation waiver clause in a construction contract between the defendant and the plaintiff’s...more
In United Services Automobile Association v. Broan-Nutone, LLC, No. 218-2017-CV-01113, the Superior Court of Rockingham County, New Hampshire recently considered whether the eight-year statute of repose for improvements to...more
In Travelers Prop. Cas. Co. of Am. v. Engel Insulation, Inc., 29 Cal. App. 5th 830 (2018), the Third District Court of Appeals of California addressed whether a subrogating carrier can assert the rights of its corporate...more
In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the...more
In Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (No. 2017-0514, October 9, 2018), the Supreme Court of Ohio was recently called upon to determine if a general contractor’s Commercial General Liability (CGL)...more
Florida imposes a statutory requirement to provide pre-suit notice to recovery targets when the potential claim involves construction defects. While the required notice tolls the statute of limitations for such claims, an...more
In Florida, the allowed timeframe for bringing a lawsuit based either on a defect in the design, planning, or construction of a building or based on other improvements to real property is governed by Fla. Stat. § 95.11(3)(c)....more
Gary is a commercial office space builder. Olivia owns a vacant parcel of real property in North Carolina and hires Gary to build an office building on the parcel. Olivia and Gary sign a contract by which he agrees to do the...more
A contractor has finished work on a construction project in North Carolina and submitted a written request for final payment to the owner of the real property that has been improved by the construction. The owner is...more
In recent months, the Northern District of Mississippi has grappled with how to interpret waivers of subrogation in American Institute of Architects (AIA) construction industry contracts and, specifically, how they apply to...more
Under Florida’s construction-related statute of repose, Fla. Stat. § 95.11, actions based on the design, planning or construction of an improvement to real property are barred if not commenced within 10 years after the later...more
The most recent edition of the NFPA Journal, the Magazine of the National Fire Protection Association, highlights the unique dangers for large buildings under construction and renovation from significant fire damage to those...more
In a recent case handled by Bradley, a federal court in Maryland issued a decision attempting to reconcile inconsistent contract provisions. The general contractor said that its fire sprinkler subcontractor was...more
After an insurer pays for a covered loss by an owner under a property policy the insurer generally has the right, whether under the common law, statute or the policy itself, to seek recovery of the payment from the...more
In Valley Crest Landscape v. Mission Pools (No. G049060, filed 6/26/15, ord. pub. 7/2/15), a California appeals court held that equities favor an insurer seeking equitable subrogation over a subcontractor that agreed to...more
Commercial General Liability Insurance Policies; Construction Defects; Self Insured Retention Amount; Subrogation; “Made Whole Doctrine” – Under the “made whole doctrine,” an insured has no affirmative right to recover...more
Notable 2014 Case Law - Liability for owners, developers, contractors, subcontractors, suppliers and design professionals - This year, California courts decided a variety of cases with important relevance to...more
Travelers Indem. Co. v. Crown Corr, Inc., 2014 U.S. App. LEXIS 21101 (9th Cir. 2014) - This action arose out of the construction of the University of Phoenix Stadium (the “Stadium”), home of the Arizona Cardinals. ...more