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
Following the wildfires of recent years, many states west of the Mississippi River have considered (and multiple states have now adopted) legislation to limit the liability of utilities for bodily injury and property damage...more
In Mid-Century Ins. Co. v. HIVE Constr., Inc., 2025 CO 17, 567 P.3d 153, the Supreme Court of Colorado denied an insurer, as subrogee, damages in tort for its willful and wanton conduct after a contractor’s deliberate...more
During the course of many in-person seminars and internet webinars, we have always advised our clients to be very careful when it comes time to receive their portion of a third-party settlement as reimbursement of their...more
Reversing the decision below, the Delaware Supreme Court held that a group of cyber liability insurers sufficiently pled a complaint for subrogation based on breach of contract. Travelers Cas. & Sur. Co. of Am. v. Blackbaud,...more
Governor Proposes Major Auto Tort Reforms- To combat high auto rates, New York’s proposed budget includes several tort‑reform measures: Pare Down Joint and Several Liability- The proposal would narrow New York’s...more
Subrogation is a cornerstone of insurance law and practice. It enables insurers to “step into the shoes” of the insured and pursue recovery from third-party wrongdoers responsible for the insured’s loss....more
Subrogation is often considered a technical doctrine; it allows an insurer to ‘step into the shoes of its insured.’ In practice, however, control of the litigation is anything but technical. The party with carriage decides...more
Slip and fall accidents remain one of the most common causes of workplace injuries, particularly during winter months when ice, snow, and wet conditions are present. While many people assume these incidents are handled...more
Many of you are likely familiar with the existing, traditional concepts of subrogation and credit rights in California’s workers compensation system as set forth in Labor Code section 3852 et seq. It’s bad enough when an...more
After a car crash or other injury, many people wonder when they will finally receive their settlement money. Bills pile up quickly, and waiting can feel like another layer of stress. It is important to understand how long it...more
Insurers need to be aware in Connecticut that the premature enforcement of their subrogation rights may result in claims against them by their insured. In its January 6, 2026, decision in Orlando v. Liburd, the Connecticut...more
On its face, the power of a waiver of subrogation clause in a construction contract is profound. It bars otherwise actionable – and sometimes egregious – losses resulting from contractor carelessness before they can ever get...more
1. Pennsylvania Supreme Court holds that the compensation rate for specific loss benefits is controlled by Section 306(c) of the Act, not Section 306(a) - Jennifer Jackiw v. Soft Pretzel Franchise, 329 A.3d 1152 (Pa....more
In Part 1 of this series, we introduced the Federal Acquisition Regulation’s (FAR) approach to insurance and risk allocation in federal procurement, with a focus on FAR Part 28 and the insurance-related clauses in FAR Subpart...more
While determining the value of property is important, it is equally critical to assess whether the financial costs and inconvenience of not having it should factor into compensation for not being able to use that property. In...more
In Ghaznavi v. Arby Constr., Inc., No. 14-24-00213-CV, 2025 Tex. App. LEXIS 839, the Court of Appeals of Texas (Court of Appeals) considered whether the trial court properly excluded the plaintiffs’, Kambiz Moavenzadeh...more
In Taylor Building Corp. of America v. Milton, No. 25A-PL-1290, 2025 Ind. App. LEXIS 367, homeowners Brett and Amanda Milton (collectively, the Miltons) contracted with Taylor Building Corp. (Taylor) to construct a home. The...more
On April 21, 2025, the Colorado Supreme Court handed down its decision in Mid-Century Ins. Co. v. HIVE Construction. This case provided a further articulation of the Court’s interpretation of the economic loss rule, a legal...more
The economic loss doctrine is a concept in subrogation law that is often debated and rarely completely understood. Even when a subrogation practitioner may think they have it figured out, a new scenario presents itself that...more
State Farm Mutual Automobile Ins. Co. v. Rubel, et al., 2025 WL 2350575 (Civ. Ct. N.Y. 2025) - The Civil Court in Queens County, NY denied Uber’s motion to dismiss a subrogation action stemming from a motor vehicle accident....more
On October 8, 2017, a series of wildfires, known as the “2017 Northern California wildfires”, spread throughout Northern California. The 21 major fires burned over 245,000 acres across Napa, Sonoma, Butte, Humboldt,...more
This episode of the Subro Sessions podcast, hosted by David Huberman, Partner, covers the legal measure of property damages to real and personal property, including the legal framework for measuring and proving property...more
As subrogation counsel, we often encounter situations where there is already active subrogation litigation when an assignment is received from insurer clients. In such scenarios, we must consider whether it is more...more
In a dispute between a general contractor and its window subcontractor arising from a $500 million construction project in Manhattan, a question arose concerning the extent to which an insurer providing subcontractor default...more
When an insurance company becomes insolvent, state liquidation statutes govern how the company’s remaining assets are distributed among claimants. Each state has a priority of distribution statute which outlines the priority...more