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Subrogation Insurance Litigation

Marshall Dennehey

District Court Grants Motion for Rehearing but Maintains Its Prior Decision That Affirmed the Trial Court’s Decision in Favor of...

Marshall Dennehey on

Universal Property and Casualty Insurance Company a/s/o Perez v. Laguna Riviera Condominium Assn, Fla. 2nd DCA, 2D23-34, Mar. 1, 2024 - In this interesting dispute, the Second District Court of Appeal took the unusual step of...more

White and Williams LLP

Insured Made Whole Doctrine: Texas and Washington

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This episode of Subro Sessions, hosted by associates Zachariah Sigda and Katherine Dempsey, entitled, “Insured Made Whole Doctrine: Texas and Washington State,” dives into the topic of the made whole doctrine. Zachariah and...more

Butler Weihmuller Katz Craig LLP

Subrogation in Louisiana and the Challenges of the One-Year Prescriptive Period

Article 3492 of the Louisiana Civil Code governs the time period in which a “delictual action” – an action that is considered to be tortious or causing harm to someone’s rights or property – may be filed in Louisiana....more

White and Williams LLP

Water Losses 101: A Discussion of Common Causes of Water Losses and How to Investigate them – Part 2

White and Williams LLP on

The newest episode of the Subro Sessions podcast, is hosted by Gus Sara, Partner, and Michael DeBona, Counsel, who are joined by guest J. Pablo Ross, PE, of Ross Engineering. The episode, entitled “Water Losses 101: A...more

White and Williams LLP

Water Losses 101: A Discussion of Common Causes of Water Losses and How to Investigate Them – Part 1

White and Williams LLP on

The newest episode of the Subro Sessions podcast, is hosted by Gus Sara, Partner, and Michael DeBona, Counsel, who are joined by guest J. Pablo Ross, PE, of Ross Engineering. The episode, entitled “Water Losses 101: A...more

Wiley Rein LLP

Delaware Court Dismisses Insurers’ Subrogation Action Against Software Provider Over Ransomware Payouts

Wiley Rein LLP on

The Superior Court of Delaware, applying Delaware law, has dismissed two lawsuits filed by nine insurance companies seeking to recover amounts they paid under cyber liability policies from a software company whose customers...more

White and Williams LLP

Getting Control of an Accident Scene and Ensuring Evidence is Preserved

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The newest episode of the Subro Sessions podcast, hosted by associates, Ryan Bennett and Melissa Kenney, is entitled “Getting Control of an Accident Scene and Ensuring Evidence is Preserved.” Ryan and Melissa discuss fire...more

White and Williams LLP

Investigating Residential Electrical Fires Part 2 – Arcing and Arc Mapping

White and Williams LLP on

Matthew Ferrie, Partner, is back again to host the newest episode of the Subro Sessions podcast. Bert Davis, Principal for Romauldi, Davidson, & Associates and BDA Engineering, joins Matt for the second episode on...more

Butler Weihmuller Katz Craig LLP

New York Court Emphasizes the Importance of Notice in Subrogation

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

White and Williams LLP

A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured

White and Williams LLP on

In New Jersey Mfrs. Ins. Co. v. Lallygone LLC, No. A-2607-22, 2024 N.J. Super. Unpub. LEXIS 120, the Appellate Division of the Superior Court of New Jersey (Appellate Division) considered whether New Jersey Manufacturers...more

White and Williams LLP

Stop Suing Yourself: A Brief Discussion on the Anti-Subrogation Rule

White and Williams LLP on

The newest episode of the Subro Sessions podcast is out now. This episode is entitled, “Stop Suing Yourself: A Brief Discussion on the Anti-Subrogation Rule” and is hosted by Gus Sara, Partner, and Katherine Dempsey,...more

Kramer Levin Naftalis & Frankel LLP

Subrogation Rights in R&W Insurance Policies

The volume and size of insurer payments under R&W insurance policies are increasing. According to a May 2023 Aon study, the average R&W insurance claim payment to Aon clients in 2022 was $9 million, “significantly higher than...more

Butler Weihmuller Katz Craig LLP

IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles

Illinois Appellate Court Holds that Insurer May Subrogate to the Rights of an Additional Insured Based on a Contractual Right to Subrogation and that Equitable Subrogation Principles Do Not Apply - In a recently decided...more

Cozen O'Connor

District of Maryland Rejects ACV Standard for Property Damages in Fire Case

Cozen O'Connor on

A recent decision from the U.S. District Court of Maryland should remind litigators and subrogation professionals the goal of awarding damages is to put the plaintiff back into the same position they were before the harm....more

Butler Weihmuller Katz Craig LLP

When the “Made Whole” Doctrine Isn’t a Defense to Subrogation

In some jurisdictions, the “made-whole” doctrine requires insured parties to be made whole before an insurance carrier may recover from a third-party as a subrogee. Every so often, a tortfeasor will argue this doctrine as a...more

White and Williams LLP

Insurer Doomed in Delaware by the Sutton Rule

White and Williams LLP on

In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more

Lowenstein Sandler LLP

Mind the Back Door: A Discussion of Insurer Subrogation Rights and Contractual Waiver of Subrogation Provisions

Lowenstein Sandler LLP on

In this episode, the hosts explain waivers of insurers’ subrogation rights: what are they, what are the risks, who is bound by them, and how to obtain a waiver from an insurance company. They also discuss specific examples in...more

Pillsbury - Policyholder Pulse blog

Subrogation 101 (and Why Should I Care?)

What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation? “Subrogation” refers to the act of one person or party standing...more

Butler Weihmuller Katz Craig LLP

The Made Whole Doctrine is Alive and Well in Virginia

While the Virginia Supreme Court has never addressed the made whole doctrine by name, a recent federal district court opinion has declared the made whole doctrine “is alive and well in the Commonwealth.” Sustainable Sea...more

Woodruff Sawyer

What to Consider When Making a Property Claim

Woodruff Sawyer on

Catastrophic property claims, though usually infrequent, can cause distress to the client’s operations and earnings, the team members charged with managing them, and the company’s reputation. Business owners often are...more

Butler Weihmuller Katz Craig LLP

Tips for Investigating Subrogation in Florida Following Hurricane Ian

Hurricane Ian was a devastating storm for southwest Florida. While out in the Gulf of Mexico, it became a high-end category 4 hurricane early on September 28, 2022 and made landfall later that afternoon. The areas where Ian...more

Hogan Lovells

Subrogación en materia de seguros: Nuevo criterio de la SCJN

Hogan Lovells on

La Primera Sala de Suprema Corte de Justicia de la Nación emitió un nuevo criterio de jurisprudencia — de aplicación obligatoria— en el que determinó que el pago de la indemnización en caso de siniestro no puede estar sujeto...more

Butler Weihmuller Katz Craig LLP

Indiana Rejects Subrogation Waiver Argument Where Contractor Performed Work At The Request Of Another

In U.S. Automatic Sprinkler Corp. v. Erie Insurance Exchange, 21A-CT-580, 2022 WL 906142 (Ind. Ct. App. Mar. 29, 2022), the Indiana Court of Appeals held that a subrogation waiver in an insured’s maintenance contract did not...more

Lowenstein Sandler LLP

Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal

Lowenstein Sandler LLP on

In this episode, hosts Lynda A. Bennett and Michael D. Lichtenstein discuss the final stage of mediation, or how to “seal the deal.” They debate the pros and cons of addressing non-financial terms of the settlement, such as...more

Butler Weihmuller Katz Craig LLP

Pennsylvania Finds Exception to Anti-Subrogation Rule

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

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