subrogation News

Sidewalk Defects Liability: In Most States, Size Matters

Insurance claim files are overflowing with losses involving individuals injured when they trip and fall over cracked, broken, or uneven municipal sidewalks. In many cases, the injury is a direct result of a municipality failing to institute and/or conscientiously follow …

N.J. Court Prohibits Lawyer from Asking Client at Trial if Vehicle Totaled

A New Jersey Superior Court judge recently issued a written ruling, holding that, as a matter of first impression, it was inappropriate for a lawyer to question his client during trial as to whether his vehicle was “totaled” as a …

‘Matching Regulations’ Affecting Homeowners’ Insurance Claims: Viewpoint

It remains one of the most difficult issues to deal with in the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind …

Equitable Subrogation/Contribution Among Coinsurers and Duct Tape

Why You Can’t Have One Without the Other When multiple insurers provide coverage for a single loss or accident, things can get confusing. Coinsurance can arise as a result of conscious risk-sharing or accidentally when two policies have overlapping coverage. …

Hedge Fund Holds $1B in PG&E Insurance Claims

Seth Klarman’s Baupost Group has been the poster child of the hedge fund industry’s ill-timed stock-market bets on the troubled utility PG&E Corp., which announced plans for bankruptcy. It turns out, though, that Baupost’s stock purchases, valued at $873 million …

Who Let the Dogs Out? Subrogating Dog Bite Cases

One insurance company – State Farm – has referred to dog bites as a “serious public health problem.” Last year alone, one carrier paid $90 million in claims on roughly 3,500 dog bite incidents. According to the Insurance Information Institute, …

Subrogation Savoir-Faire: What You Don’t Know Can Hurt You

Oh, that it wasn’t so, but today’s world of insurance claims adjusting, subrogation and civil litigation rewards the ability of one party to take advantage of what the other party doesn’t know. A civil trial is known as an “adversary …

Tautology and the Art of Listening

We only hear half of what we listen to. Perhaps that is why most people instinctively use tautology when they write or speak. Tautology is the use of different words to say the same thing or repeating the same thing …

Slower Traffic Keep Right: A Summary of State ‘Keep Right’ Traffic Laws

It is the universal trigger and a pet peeve of millions of drivers. You’re making good time traveling 75 mph in the left lane of a freeway with a 70 mph posted speed limit. You tap your brakes, turning off …

Texting While Driving on the Rise Despite More Laws Banning it

It’s going to be a banner year for trial lawyers and a tough year for auto insurers. More than 3,000 people are killed on U.S. roads every year in distracted driving crashes, and the use of cellphones while driving has …