tortfeasor News

Massachusetts Weighs in on 3rd-Party Liability For Diminished Value Damages

A federal district court in Massachusetts has ruled that Massachusetts tort law does not provide for recovery of “inherent diminution in value” damages by a third-party claimant. Martins v. Vermont Mutual Ins. Co., 2019 WL 3818293 (D. Mass. 2019). The …

Where’s my Deductible?

A Survey of Laws Regarding Reimbursement of an Insured’s Deductible in all 50 States Most automobile insurance policies require their insured to pay a deductible when a claim is made. If the auto carrier is successful in subrogating a particular …

Recovery of Allocated Loss Adjustment Expenses in Property Subrogation Cases

Subrogating For More Than Your Insured’s Property Damage Property insurers along all lines could simplify their business practices and lower their overhead considerably by simply paying any and all property damages, claims, expenses and consequential damages alleged to have been …

No Punitive Damages After Wrongdoer’s Death, Iowa Supreme Court Affirms

Punitive damages may not be recovered from the estate of a “wrongdoer,” the Iowa Supreme Court has ruled. The Court’s decision in a case involving a damage dispute between rural land owners upholds a lower court decision and reaffirms previous …