Blog Archives

Ten Questions to Ask in Subrogation Cases Involving Leases, Rental Agreements and Other Contracts

For many years sage advice from legal counsel, consumer advocates, and friends has been to “get it in writing.” In subrogation cases, what is “in writing” can have a substantial effect on the viability of recovery. In many subrogation cases,

Tagged with: , , , , , , , , ,
Posted in Uncategorized

Arizona Adopts Federal Daubert Standard for Admissibility of Expert Testimony

Over the last few years, the Arizona legislature and Arizona courts have been dealing with the implementation of Federal “Daubert” standards for the admissibility of expert testimony in Arizona state courts. After initial legislative action was held unconstitutional, the Arizona

Tagged with:
Posted in Uncategorized

CALIFORNIA BUILDERS DO NOT GET TWO BITES AT THE CONSTRUCTION DEFECT NOTIFICATION APPLE

Many states have enacted laws requiring homeowners, with claims of construction defects, to follow certain procedures prior to filing a lawsuit against a builder. The procedures generally require that before a homeowner initiates construction defect litigation, it must notify the builder

Tagged with:
Posted in Uncategorized

Subrogation for a Personal Injury Claim Under a Liability Policy? Yes!

The recent California Appellate Court decision of Interstate Fire & Casualty Insurance Company v. Cleveland Wrecking Company (2010) 182 Cal.App.4th 23, illustrates that under the right circumstances, a liability insurer can subrogate against a third party to recover amounts paid

Tagged with:
Posted in Uncategorized

California’s “Made Whole Rule”

Where the subrogating insurer and insured both have recovery claims and are competing for a limited amount of available money from a defendant, issues arise as to who is entitled to recovery, and/or how the recovery should be divided. These issues

Tagged with: , , , ,
Posted in Uncategorized
Subscribe To Our Posts

Email:

Recent Comments
    Cozen O’Connor Blogs