July 6, 2022
Each year, water damage and freezing pipes cost insurers $15-$20 billion and result in claims from approximately one in 50 insured homes. While many cases of water damage are caused by a lack of maintenance or normal wear and tear, …
July 5, 2022
We see more than our fair share of subrogation cases involving work-related injuries caused by shifting and falling cargo. If a truck’s cargo is not properly loaded or secured, the resulting workers’ compensation claims can be significant. We routinely see …
June 14, 2022
A doctrine that prevents parties from seeking reimbursement for intangible economic losses caused by maritime negligence doesn’t prevent an insurer from recouping $1.7 million it paid to a policyholder for damage to a structure used to moor boats, a panel …
May 23, 2022
Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath to pull the trigger and file suit …
May 17, 2022
A federal appellate court threw out a Florida jury verdict that would have required a Liberty Mutual unit to pay $1.6 million in damages for failing to defend an independent insurance agency against a lawsuit that accused it of failing …
March 28, 2022
Workers’ compensation carriers doing business in Hawaii held their collective breathe for 2021 waiting on the Supreme Court to decide whether it would incorporate the common law Made Whole Doctrine to workers’ compensation liens. The case, Moranz v. Harbor Mall, …
March 11, 2022
Nearly a third of homeowners’ insurance claims are caused by water damage, costing carriers an average of more than $11,000 per claim. Insurers can recover some of those costs through subrogation if the damage was caused by defective materials or …
February 24, 2022
The Pennsylvania Supreme Court has sided with an insurer seeking subrogation for payments it made to an injured worker before it was determined the insurer was not obligated to make the payments. The state’s highest court, in a 6-0 decision …
November 3, 2021
It’s happened at least once to every subrogation professional. A significant claim file involving an auto accident in which liability appears to be a lock, suddenly goes into a tailspin when the other side denies the claim because the tortfeasor …
July 30, 2021
Two reinsurers that shared part of the risk on a $25 million umbrella policy issued to a New York manufacturer nearly five decades ago are not liable for defense costs in addition to the policy limits, the 2nd Circuit Court …