Subrogation, Insurer Liability

Waiving a Liability Insurer’s Right to Subrogation – Is it Appropriate?

Flaster Greenberg PC on 1/3/2025

When it comes to negotiating the insurance and risk-shifting terms of any garden variety business contract, the oft-used but rarely understood—or vaguely understood— “waiver of subrogation” arguably takes the lead for...more

Insured Made Whole Doctrine: Texas and Washington

White and Williams LLP on 8/26/2024

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

Don’t Spoil Me: Oklahoma District Court Rules Against Spoliation Sanctions

White and Williams LLP on 11/21/2023

In Okla. Farm Bureau Mut. Ins. Co. v. Omega Flex, Inc., No. CIV-22-18-D, 2023 U.S. Dist. LEXIS 197755, the United States District Court for the Western District of Oklahoma (the District Court) determined spoliation sanctions...more

Insurer Doomed in Delaware by the Sutton Rule

White and Williams LLP on 8/15/2023

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

Insurer Springs a Leak in Its Pursuit of Subrogation

White and Williams LLP on 7/18/2023

In Nationwide Prop & Cas. Ins. Co. v. Fireline Corp., No. 1:20-cv-00684, 2023 U.S. Dist. LEXIS 104241, the United States District Court for the District of Maryland (District Court) considered whether the events giving rise...more

Subro Sense Podcast - Made Whole Rule: Lessons Learned From The 9/11 World Trade Center Litigation

Butler Weihmuller Katz Craig LLP on 8/13/2019

The litigation ensuing from the catastrophic events of 9/11 highlighted the importance of addressing “Made Whole” considerations when evaluating subrogation claims. Butler’s Managing Partner, Scott Katz and Partner, Jessica...more