News & Analysis as of


Finding Plaintiff Intentionally Spoliated Evidence, the Northern District of Indiana Imposes Sanctions

by White and Williams LLP on

On January 23, 2018, the Northern District of Indiana issued a decision that clarifies what constitutes spoliation of evidence under Indiana law. In Arcelormittal Ind. Harbor LLC v. Amex Nooter, LLC, 2018 U.S. Dist. LEXIS...more

The Risks of Older Drivers Using Medicare instead of Michigan No-Fault Auto Insurance

by Michigan Auto Law on

By allowing seniors to opt out of No Fault for Medicare, SB 787 jeopardizes seniors’ medical and financial health after a car crash - It sounds good, at first. Allowing senior and elderly drivers to opt out of Michigan...more

Spoliation of Evidence in Florida, What does the Jury Really Know?

by Cozen O'Connor on

Insurers pursuing subrogation claims in Florida often find that evidence necessary to establish their claim is in the possession of an adverse party. To discourage the destruction of evidence, Florida Rule of Civil Procedure...more

The Eleventh Circuit Affirms CSST Fire Verdict in Subrogation Case

by Cozen O'Connor on

In a 14-page, unpublished opinion dated January 10, 2018, the U.S. Court of Appeals for the Eleventh Circuit affirmed a verdict now in excess of $1.5 million with interest in a subrogation claim that also involved uninsured...more

Expert Opinions in the Age of the Internet of Things: “You’re Gonna Need a Bigger Boat”

by Wilson Elser on

In my September 2016 blog post, The Impact of the Smart Home Revolution on Product Liability and Fire Cause Determinations, I forecast that “dumb products made smart by connecting to the internet will present a new layer of...more

Second Circuit Clarifies New York Anti-Subrogation Law Prohibits Offsets For Settlements; Declares Plan’s Choice-of-Law Provisions...

The U.S. Court of Appeals for the Second Circuit has ruled that New York’s anti-subrogation statute, N.Y. Gen. Oblig. Law § 5-335(a), applies both to “offsets” for prospective benefit payments and to reimbursements for prior...more

In Re: Hurricane Harvey, Inverse Condemnation And Potential Subrogation Actions

by Cozen O'Connor on

I. OVERVIEW - On August 25, 2017, Hurricane Harvey made landfall near Rockport, Texas as a Category 4 Atlantic hurricane. It then stalled over Houston. After landfall, winds diminished but precipitation did not, and over...more

Subrogation Claims Arising From Dam Release Flooding During Hurricane Harvey

by Locke Lord LLP on

Hurricane Harvey was a Category 4 major hurricane that made landfall in southern Texas on August 25, 2017. Harvey is the wettest tropical cyclone on record in the United States with peak accumulations of 64.58 inches. Harvey...more

Fires in Buildings Under Construction, Renovation or Demolition Present Unique Subrogation Challenges

by Cozen O'Connor on

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

The Rule of Sevens: Evaluating Claims Involving a Child

As subrogation professionals, we may be tasked with evaluating property loss claims where a child caused or contributed to the property damage. For example, is a child playing with matches or a lighter liable for a fire...more

Defence & Indemnity - August 2017: V. SURETY AND BOND ISSUES: Manitoba Housing and Renewal Corp. v. Able Eavestroughing Ltd., 2017...

by Field Law on

V. SURETY AND BOND ISSUES - A. Manitoba Court of Queen’s Bench finds CRA entitled to priority to “earned but unpaid” contract funds held by obligee (over the surety who had paid out labour and material payment bond claims...more

Twin City Fire Ins. Co. v. Leija - Workers’ Compenstation Insurer’s Subrogation Lien on Settlement Proceeds Can Be Reduced by...

An injured worker who accepts workers’ compensation cannot sue his employer. If the worker obtains settlement funds from a third party, the workers’ compensation carrier may obtain a lien on that recovery to the extent of the...more

Subrogation Opportunities in Latin America

by Zelle LLP on

Subrogation is the process by which an insurance company seeks to recover, from a third party responsible for a loss, the money it paid to the policyholder as a result of the loss. In Latin America, subrogation claims are...more

The Ninth Circuit Weighs in on ERISA’s Plan Document and Summary Plan Description Requirements: Mull v. Motion Picture Ind. Health...

Mull v. Motion Picture Ind. Health Plan educates employers on the basics of the requirements of the Employee Retirement Income Security Act (ERISA) governing plan documents and summary plan descriptions. The lessons are...more

The ABC's of ACV in Subrogation Claims

Oftentimes, during the course of a subrogation claim, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages demanded, and contend that they only owe “Actual Cash...more

The Supreme Court Gets “Specific” on Jurisdiction

by Cozen O'Connor on

For the second time in the last three years, the U.S. Supreme Court has addressed the constitutional limits of a court’s ability to exercise jurisdiction over a defendant. The 14th Amendment limits the personal jurisdiction...more

Subrogation Following a Hurricane is All Hands on Deck

Hurricane season began June 1st, and runs through November 30th. However, we are about 30 days from approaching the peak of hurricane season, when the season becomes its most active. Weather predictors are predicting an...more

Defence & Indemnity - June 2017 : Insurance Issues B. Stairs v. CFM Corp., 2017 NBCA 8 [4226]

by Field Law on

I. INSURANCE ISSUES B. In Alberta an insured’s settlement with a third party which releases the third party does not preclude the insured’s insurer from pursuing a subrogated claim against the third party. Elsewhere in...more

United States Fifth Circuit Confirms Remedies Available to Subrogated Insurer

by Liskow & Lewis on

On July 7, 2017, the United States Fifth Circuit Court of Appeal, in Associated International Insurance Company v. Scottsdale Insurance Company, held that, under Texas law, the subrogation clause of an insurance agreement...more

Statutory Parental Liability For Acts Of Minor Children

by Cozen O'Connor on

Statutory Parental Liability For Acts Of Minor Children [Jurisdictions Comparative Chart] - ALABAMA - Parents, guardian, or other person having care or control over minor liable for all damages caused by the intentional...more

Fifth Circuit Enforces Reimbursement Provision in One-Page Welfare Plan

The Fifth Circuit upheld the reimbursement and subrogation terms found in a welfare benefit plan’s one-page SPD that also served as the plan document. Plaintiff, a plan beneficiary, received $71,644.77 from the plan to cover...more

Insurer fails to ensure it can recover losses from an insured employee

by Dentons on

Employees have an implied duty of care toward their employers to exercise reasonable care and skill when performing their duties. Where employees fail to act in this way, and it leads to a breach of contract, employers will...more

Subrogation Against Parents for Actions of Their Children

by Cozen O'Connor on

Can parents be held responsible for property damage caused by their children? Almost every state in the country has adopted some form of a parental liability statute, which forms the legal basis for holding parents...more

Power to Calculate A Lien: What Court Has Jurisdiction to Determine a Subrogation Lien?

In Murray v. Moody, 797 S.E.2d 365 (N.C. Ct. App. 2017), a Wilson County Superior Court entered an “Amended Final Judgment” expressly provided judgment for a lien on damages that a jury awarded in a civil suit in favor of the...more

FEHBA Insurers Prevail on Subrogation and Reimbursement Rights

by McGuireWoods LLP on

The U.S. Supreme Court on April 18 unanimously held that insurance carriers operating under the Federal Employees Health Benefits Act (FEHBA) may assert subrogation and reimbursement rights, pursuant to their Office of...more

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