Article I, Section 19 of The California Constitution provides that just compensation be paid when private property is taken or damaged for public use. *STOP* Take a deep breath. It is not as tough as it sounds. In fact, after reading this blog you’ll likely find yourself asking "Why haven’t I used inverse condemnation as a cause of action in...
In Canada, the right of subrogation is a product of the common law, although it may be modified by statute or contract. Unlike in the United States, Canadian common law provides that an insurer may sue only in the name of the insured in relation to a subrogated claim .That rationale has its roots in...
Michigan appeared to join those states barring a landlord’s subrogee from suing a tenant in the case of New Hampshire Insurance Group v. Labombard, 155 Mich. App 369, 375 (1986). There, the court held that a tenant is an implied co-insured in every lease, unless “expressly and unequivocal’ stated otherwise. But recent decisions give a...
Effective October 1, 2009, North Carolina’s statute of repose for claims for defective products will be increased from six to twelve years for actions that accrue on or after October 1, 2009. N .C .G .S. 1-46.1(a)(1) . For actions that accrued prior to October 1, 2009, the former statue of six years after the date of initial purchase or consumption...
As subrogation professionals, we see spoliation of evidence typically used as a defense by defendants who claim they did not get a chance to examine certain evidence. But sometimes we face the problem of a third party, sometimes the insured or its public adjuster or sometimes another insurance carrier, that is blocking access to evidence...
Unlike in the United States, one of the most frustrating problems for subrogators in England is that they are not able to obtain a third party’s insurance policy in order to ascertain how deep their opponents pockets are before pursuing a recovery action. This tactical advantage was effectively nailed closed (for now) following the court’s decision in...
Measure of Damages A critical part of any subrogation analysis is the determination of what damages are legally recoverable from a potentially liable third party. Unique to equine claims, the owner of the horse will often choose to insure the horse for less than its fair market value to avoid higher premiums. For this reason, the insured...
In recent years, technology and the internet have fostered a new trend in social media with websites such as Youtube, Facebook, and Twitter. This undeniably stems from the desire for instant information. How can technology and the internet assist in maximizing subrogation cases? Consider these examples: Youtube/Online Video: Recently I received a new fire loss days after the fire...
One of the first things to do upon receipt of a new subrogation loss involving a product is to check to see if there are any recalls of that product. Ultimately, if your cause and origin investigator determines the product is the cause of the loss, the recall can greatly strengthen your subrogation case. It provides effective cross-examination of the...
