Tag Archives: subrogation
Subrogation vs Contribution–Does it Matter?
Practitioners and judges frequently use the terms subrogation and contribution interchangeably. This is legally incorrect and, as one insurance company recently learned, the distinction between the two concepts can be fatal.
In American States Insuranc…
Failure To Warn: Read The Fine Print
When someone is injured or property is destroyed because a manufacturer did not warn about known dangers you may think your case is a slam dunk. But before you start your victory dance, make sure you can prove that the warning would have been read…
Subrogation in Louisiana: Differences and Opportunities
Louisiana. Home of the Big Easy, Mardi Gras and drive-thru daiquiri bars. Louisiana is also home to a unique legal system called the civil code system, which the Pelican State inherited from French and Spanish settlers. Basically, a civil code legal sy…
Missing a few links in the chain of causation? Don’t give up, you may not need them.
A fire occurs in a garbage can causing damage to a home. Joe and John Smith, construction workers installing hardwood flooring in the home on and prior to the date of the fire, admit that they smoke each day near the job site. They further admit that t…
Inverse Condemnation Alive and Well in Oregon
In February 2011, the Oregon Court of Appeals reaffirmed that the doctrine of "inverse condemnation" is alive and well in Oregon. Inverse condemnation claims do not require a showing of negligence, and instead arise by showing that a governme…
The Georgia Statute of Repose for Products: When Does Time Begin to Run?
Georgia has a statute of repose for claims involving defective products. O.C.G.A. §51-11-11(b)(2) states that “no action shall be commenced pursuant to this subsection with respect to an injury after ten years from the date of the first sale…
Houses Can Still Make Cents: Illinois’ Implied Warranty of Habitability
Residential construction defects are common occurrences in Illinois where numerous homes and condominiums quickly went up before the housing bubble burst. Illinois’ expansion of the economic loss doctrine has made alleging tort theories against b…
Be Careful Not to Split the Cause of Action
Many states, including Pennsylvania, recognize that once a property insurer has paid its insured for a property damage loss, that insurer owns a separate and independent cause of action against the tortfeasor responsible for causing the damage. See Sta…
Last In First Out: Priority of Recovery for Insurers in Missouri
Although issues between primary and excess carriers regarding who is entitled to what in a subrogation recovery do not arise often, when they do they can involve substantial sums and interesting issues. Last fall the United States Court of Appeals for …
