Tag Archives: Subro Round-up
Insurer’s Right to Contractual Subrogation Trumps Equitable Made-Whole Doctrine Yet Again in Texas
In Fortis Benefits v. Cantu, 234 S.W.3d 642 (Tex.2007), the Texas Supreme Court held that the “made whole” doctrine does not apply where the parties’ agreed contract provides a clear and specific right of subrogation. Despite this rul…
Turning an Implied Insured into a Co-insured
Thinking about subrogating against a tenant in Washington? Think again because the Washington Court of Appeals has re-affirmed existing law and increased the risks of such a challenge.
Since Cascade Trailer v. Beeson was decided 1988, Washin…
Utilizing Federal Rule 27–Depositions to Perpetuate Testimony
The sooner evidence can be evaluated and preserved, the better the prospects for a successful outcome. The Federal Rules of Civil Procedure afford to potential plaintiffs and defendants a uniform standard when pre‐action “discovery” can b…
Subrogating Against The Long Island Power Authority–Guidelines and Pitfalls
In situations where the Long Island electrical distribution system is involved in causing the loss, it is critically important to make sure that you adhere to certain particular Notice of Claim requirements, heed the shortened statute of limitations pe…
New Rule for Hearings in Arbitration Forums
Recovery professionals handling claims in Arbitration Forums, Inc.’s Property Arbitration Forum should be aware that, as of March 1, 2012, Arbitration Forums will be implementing new rules for hearings. Rule 3-7 now states that the written Conten…
Why’d They Say That?!? – What to Do About the (Unfavorable) Contents of Your Client’s Underwriting File
You are handling a loss involving a manufacturing facility destroyed by fire. There is no dispute the fire was caused by a third party’s careless use of a torch while repairing the insured property’s roof. Defense counsel has inti…
Remember the Basics–Make Sure the Insured Knows Whether Subrogation Counsel is Representing Their Interests
It is not uncommon for subrogation counsel to file suit in the name of the insured for a variety of reasons. The most obvious is when counsel represents the insured for their uninsured losses or their deductible. However, there are tim…
The Independent Contractor Doctrine is Not Always Applicable in Delivery and Installation Cases
Defendants often claim that the negligent work they are being sued for was done by “an independent contractor”—thus attempting to alleviate their responsibility. This defense is often raised in cases where construction is being perfor…
Pennsylvania Rejects Independent Action for Negligent Spoliation
The Pennsylvania Supreme Court recently joined “the overwhelming majority” of states that have declined to recognize a separate cause of action in tort for negligent spoliation of evidence. In Pyeritz v. Commonwealth of Pennsylvania, __ Pa….
