subrogation News

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 …

The Only Way to Increase Your Net Subrogation Recoveries

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 …

11th Circuit Reverses Verdict in Subrogation Claim by Agency’s E&O Carrier

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 …

Viewpoint: Hawaii Supreme Court Rules in Favor of Work Comp Subrogation

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, …

Act Fast to Preserve Evidence When Subrogating Water Damage Claims

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 …

Penn. Supreme Adds Exception to Subrogation Rule in Jones Act Case

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 …

Subrogation and the Sudden Emergency Doctrine

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 …

Reinsurers Not Liable for Defense Costs Exceeding Policy Limits

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 …