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Subrogation
A number of property damage subrogation cases involve pursuit by a property owner’s insurer of a negligent tenant. Once liability is determined, the first part of the legal analysis is to determine application of the Implied Co-Insurance Doctrine. In review of the policy and lease agreement, we determine if the tenant is covered under the...
Cozen O’Connor’s Subrogation attorney Larry Walker assisted on the team of other Cozen lawyers (Matt Glazer and Chase Howard), along with the Pennsylvania Innocence Project, to secure the exoneration and release of a man wrongfully convicted of arson.  About The Author
On March 24, 2023, Florida reduced the Statute of Limitations for negligence claims from 4 years to 2 years for any negligence causes of action arising after the amendment went into effect on that date.  Fla. Stat. § 95.11(4)(a); see also Florida House Bill 837, https://www.flsenate.gov/Session/Bill/2023/837.  Negligence if often pled in tandem with or as...
For nearly 50 years, Texas has imposed a ten-year statute of repose on suits against builders or contractors who construct or repair improvements to real property.  On June 9, 2023, House Bill 2024 amended Section 16.009 of the Texas Civil Practice and Remedies Code to create a shorter, six-year repose period in certain circumstances. About...
Vacant buildings, due to improper security, maintenance or protection, are constantly the source of fires that spread to neighboring and innocent property owners. These properties create significant risks to their surroundings while making subrogation claims difficult from the outset. About The Author
ChatGPT captures the essence of subrogation in poetic form.  Playful and on point, we share the following rhythm and rhyme. As Cozen O’Connor attorneys know and appreciate, sometimes cases need a creative approach. About The Author
Seems unnecessary to retain a cause and origin expert to investigate a water loss.  Both the insured and field adjuster have identified the “cause” and “origin” simply by observing water leaking from the water supply line.  Should the adjuster then simply collect the subject water supply line and ship it off to a vendor for...
Fires resulting from spontaneous combustion of self-heating products such as oil-based stains and certain cooking oils are relatively common. Typically, soiled linens, rags and sawdust are saturated with such products and serve as the first fuel for the fire. In recent years, there has been an increase in restaurant fires involving the spontaneous combustion of...
To show our affection for our subro friends and colleagues, Cozen O’Connor has made this mixtape covering all genres with themes of fire, water, money, and the subro mindset.  Hope you enjoy this subro playlist! Side A We didn’t start the fire- Billy Joel Light my fire- The Doors Great Balls of Fire- Jerry Lee...
This blog on emerging subrogation trends is brought to you exclusively by ChatGPT.  Of course, it lists itself as the top trend.  Cozen O’Connor is here to work with clients through AI advances, challenges and uses in the industry.  Hey ChatGPT, what are some emerging trends in subrogation? Subrogation and recovery are areas of law...
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