Road to Recovery News

Big Brother’s Eye in the Sky: Use of Red-Light Cameras in Accident Litigation

Intersection accidents represent a disproportionate share of vehicle crashes and, therefore, a disproportionate share of litigated cases. Credible witnesses are the key to winning cases, but credible witnesses are rare, can be cross-examined, and are often reluctant to cooperate. The …

Funeral Processions and the Right-of-Way

On June 16, 2014, a Virginia man was pulled over by the police for running a red light while driving in a funeral procession. As a result, R.G. Spinner missed his great-grandmother’s burial. The Alexandria police officer pulled behind Spinner …

Does Automobile Insurance Follow the Car or the Driver?

There are a few questions in life that are more confusing than their answers. The blanket query into whether or not insurance follows the car or the driver in a particular jurisdiction is such a question – one we see …

You Break It, You Buy It: Understanding Anti-Indemnity Statutes

The song we learn in our youth is the song we sing for life. Children often blame others for their mistakes and misdeeds – a desperate effort to shift responsibility and avoid unpleasant consequences. As adults engaging in commerce, we …

Slumlord Subrogation: Subrogating Landlord/Tenant Property Losses

In the 2003 Miramax comedy Duplex, Ben Stiller and Drew Barrymore are Brooklyn landlords to a pesky, rent-controlled tenant named Mrs. Connelly, played by Eileen Essell. Efforts to get rid of Connelly fail and the tenant’s careless actions cause a …

When is A Vehicle Considered a Total Loss?

When and whether a vehicle involved in a collision is considered to be “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. We hear horror stories about older, functioning automobiles being “totaled” simply …

Florida Supreme Court Limits Economic Loss Doctrine to Product Liability Cases

In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases …

New Mexico Supreme Court Holds Assignment of Subrogation Interest Ineffective

Urban legends and old wives’ tales are everywhere. If you eat within an hour of swimming, you will get cramps. Chocolate causes acne. Carrots improve your vision. You can catch a cold by standing outside in the cold. You can …

Understanding Comparative Fault, Contributory Negligence and Joint & Several Liability

Effective subrogation requires a thorough understanding of some of the more confusing legal terms we must all work with. Matthiesen, Wickert & Lehrer, S.C. has compiled a list of the various laws in every state dealing with whether the state …

Vandalism, Fire Losses and the Doctrine of ‘Inferred Intent’

Property subrogation professionals routinely see cases involving fires caused by uninsured minors playing in buildings. Subrogation is the business of recovering money, not punishing delinquent children. Often carriers won’t pursue subrogation cases against uninsured minors for fear of throwing good …