subrogation News

Nevada Supreme Rejects Subrogation Bid by Excess Insurer after Nightclub Beating

Bouncers at the Marquee Nightclub in Las Vegas assaulted David Moradi and thew him out of the club after he ran up a $10,000 bar bill and got into an argument with a waitress about his credit card. Big mistake. …

Illinois Supreme Court Finds Tenants not Covered by Landlord’s Insurance Policy

An insurer has no duty to defend the tenants of an insured property against a third-party negligence contribution claim, the Illinois Supreme Court ruled Monday. In a unanimous decision, the state high court reversed the Third District Appellate Court and …

Viewpoint: Confronting The Deer In The Headlights

One day last month our firm received three separate, unrelated subrogation claim files involving serious personal injury, property damage, and a death resulting from tractor-trailers whose drivers had lost control after serving to avoid colliding with a deer on the …

Viewpoint: Subrogating Against God

The devastation of Hurricane Ian reminds us that the opportunity for property subrogation success is often disguised as an Act of God. The claims history of most domestic insurance carriers is littered with billion dollar claims as a result of …

Viewpoint: Ranking Hurricane Ian Among the Ten Worst Natural Disasters in US History

We are in the early stages of sifting through the debris of Hurricane Ian and calculating the financial and human toll it took after coming ashore in Southwest Florida with 150 mph winds and 20 inches of rain. The insured …

Rise in Pedestrian Fatalities Presents New Subrogation Opportunities

A new analysis of pedestrian safety by the Governors Highway Safety Association (GHSA) reveals that pedestrian fatalities are sharply on the rise. In fact, the report reveals the astonishing news that an average of nearly twenty-two (22) pedestrians per day …

State Farm Sues Amazon to Recover Payout for Fire Damage Claim

State Farm Fire & Casualty is trying to get Amazon to reimburse it for a payment it made to cover damages to the home of one of its New York insureds. State Farm and its insured claim that the damage …

Viewpoint: Subrogation, Common Failures, and Complex Causes for Frozen Pipe Claims

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, …

Subrogating Shifting and Falling Cargo Cases

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 …

5th Circuit: Builder’s Risk Insurer May Recoup Payment for Damage to Docking Facility

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 …