An insurer generally acquires its insured’s rights against tortfeasors through subrogation. But what happens if the insured enters into a settlement and releases the responsible third party? Does the release extinguish the...more
The Pennsylvania Supreme Court recently adopted the “no-coverage exception” in Arlet v. Workers’ Compensation Appeal Board. 2022 WL 529350 (Pa. 2022). As most subrogation professionals are aware, the anti-subrogation rule...more
3/1/2022
/ Apportionment ,
Insurance Claims ,
Insurance Litigation ,
Insurance Regulations ,
Jones Act ,
Maritime Transport ,
PA Supreme Court ,
Preemption ,
Subrogation ,
Workers Compensation Act ,
Workers' Compensation Claim ,
Workplace Injury
This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon could be liable as a seller for products sold by third parties on its website. The issue however...more
12/19/2019
/ Amazon Marketplace ,
Appeals ,
Breach of Warranty ,
Business Litigation ,
Damages ,
Direct to Consumer Sales ,
Distributors ,
E-Commerce ,
Internet Retailers ,
Motion to Dismiss ,
Negligence ,
Retail Market ,
Retailers ,
Sales & Distribution Agreements ,
Strict Liability ,
Subrogation ,
Summary Judgment ,
Third-Party Relationships
Amazon, the largest e-commerce website in the world and a member of the “Big Four” has repeatedly, and successfully, argued that the company is not liable for harm caused by the defective products that are sold by third...more