Julia Bobbitt | Gray Reed A waiver of subrogation is a contractual provision in which one party agrees to relinquish its (or its insurer’s) right to seek reimbursement from another party for certain losses. To fully appreciate the significance of this provision, it is helpful to first understand the concept of subrogation itself. What is… Continue reading Risk, Recovery, and Release: Making Sense of Subrogation Waivers
Tag: Subrogation
Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation
David Adelstein | Florida Construction Legal Updates A note on subrogation. There are two types of subrogation recognized in Florida: (1) conventional subrogation; and (2) equitable subrogation. “‘Conventional subrogation arises or flows from a contract between the parties establishing an agreement that the party paying the debt will have the rights and remedies of the original creditor.’” Certain Underwriters at… Continue reading Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation
Construction Projects and Subrogation: Timing is Everything
Melissa Kenney | White and Williams In American Fam. Ins. Co. v. NB Elec., Inc., No. A24-0377, 2025 Minn. App. LEXIS 12, the Court of Appeals of Minnesota (Court of Appeals) considered whether an insurer’s subrogation action was time barred under Minnesota’s two-year statute of limitations period. At issue was whether the statute of limitations began to… Continue reading Construction Projects and Subrogation: Timing is Everything
Subrogation in Louisiana and the Challenges of the One-Year Prescriptive Period
Patrick Lindley | Butler Weihmuller Katz Craig Article 3492 of the Louisiana Civil Code governs the time period in which a “delictual action” – an action that is considered to be tortious or causing harm to someone’s rights or property – may be filed in Louisiana. Article 3492 provides that “[d]elictual actions are subject to… Continue reading Subrogation in Louisiana and the Challenges of the One-Year Prescriptive Period
Investigating Residential Electrical Fires – Part 1
Matt Ferrie | The Subrogation Strategist Matt Ferrie, Partner, is returning to host the newest episode of Subro Sessions. This episode is the first part of a series entitled “Investigating Residential Electrical Fires.” Joining Matt is Bert Davis, Principal for Romauldi, Davidson & Associates and BDA Engineering. Matt and Bert address common misconceptions and factors… Continue reading Investigating Residential Electrical Fires – Part 1