Michael DeBona | White and Williams | June 12, 2019 In New York Cent. Mut. Ins. Co. v. TopBuild Home Servs., Inc., 2019 U.S. Dist. LEXIS 69634 (April 24, 2019), the United States District Court for the Eastern District of New York recently held that the “lesser of two” doctrine applies to subrogation actions, thereby limiting… Continue reading New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions
Tag: Subrogation
Subrogation, Insurance Code Section 11580, and the Craziness We Call Insurance Law
Garret Murai | California Construction Law Blog | May 9, 2019 If you want to geek out on insurance law the next case is for you. The Insurance Company of the State of Pennsylvania v. American Safety Indemnity Company, 2nd District Court of Appeals, Case No. B283684 (March 1, 2019), is an interesting case involving Insurance… Continue reading Subrogation, Insurance Code Section 11580, and the Craziness We Call Insurance Law
Construction Law Practice Tip: Determining the Scope of a Subrogation Waiver
Pierre Grosdidier | Haynes and Boone LLP | February 27, 2019 In Exxon Mobil Corp. v. Insurance Company of the State of Pennsylvania, the Texas Supreme Court opined once again on the issue of the extent to which an insurance provision incorporates the terms of an extrinsic contract.[1] The insurance provision in this case was a… Continue reading Construction Law Practice Tip: Determining the Scope of a Subrogation Waiver
Risk Transfer in Construction: Subrogation, Indemnity and Additional Insured Provisions
Lawrence T. Bowman, Donald A. Waltz and Ashley Veitenheimer | Kane Russell Coleman Logan | February 19, 2019 I. INTRODUCTION The construction industry is the largest single production sector in the United States economy. Construction encompasses a significant percentage of capital expenditures. It employs approximately five percent of the workforce. This is a significant percentage… Continue reading Risk Transfer in Construction: Subrogation, Indemnity and Additional Insured Provisions
Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation
William L. Doerler and Victoria Phillips | CLM | May 3, 2018 Construction defect claims often are complicated by a variety of issues, including those related to the statute of repose and contractual bars to recovery. In order to maximize the subrogation potential for these claims, you should deconstruct any potential subrogation barriers and, upon… Continue reading Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation