Hendershot Cowart A homeowner or property owner (your client or customer) files a claim with their homeowners or property insurance for damage. The insurance company then comes after you, alleging it was a construction or design defect that caused the damage resulting in a claim. This is known as a subrogation claim. The insurance company… Continue reading Subrogation Defense for Contractors: What to Do When an Insurance Carrier Sues You
Tag: Subrogation
Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson
Lian Skaf | The Subrogation Strategist Although the focus of most subrogation cases is usually on proving liability, determining the appropriate measure of damages is just as important. Sometimes turning on a nuanced argument for recoverability, an adverse holding can significantly boost or reduce the total damages in a case. The Court of Appeal of… Continue reading Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson
Court of Appeal Puts the “Equity” in Equitable Subrogation
Garret Murai | California Construction Law Blog Subrogation as a concept is well understood in insurance circles. According to the Institute of Risk Management Institute’s glossary of insurance terms subrogation is “the assignment to an insurer by the terms of [a] policy or by law, after payment of a loss, of the rights fo the… Continue reading Court of Appeal Puts the “Equity” in Equitable Subrogation
California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles
Gus Sara | The Subrogation Strategist | May 2, 2019 In Western Heritage Ins. Co. v. Frances Todd, Inc. 2019 Cal. App. Lexis 299, the Court of Appeals of California, First Appellate District, addressed whether a commercial condominium association’s carrier could subrogate against the tenants (aka lessees) of one of its member unit owners. After examining the… Continue reading California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles
Subrogation Waiver in Construction Contract Upheld by Wisconsin Court
Claims Journal | June 21, 2019 A subrogation waiver in a construction contract blocks an insurer’s claim against a contractor whose alleged shoddy construction caused the collapse of a barn that cost more than $600,000 to replace, the Wisconsin Supreme Court ruled in a split decision. The high court, ruling 3-2, found that the subrogation… Continue reading Subrogation Waiver in Construction Contract Upheld by Wisconsin Court