Subrogation and Recovery Law Blog

For industry specific information and commentary on Subrogation and Recovery within the law, visit the Subrogation and Recovery Law Blog. Authored by several attorneys at Cozen O’Connor law firm, the blog also provides content about litigation, corporate and regulatory law topics.

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Recent Articles

Expert Opinions in Wisconsin--What Has Changed?

March 19, 2012 20:49

The Wisconsin legislature enacted a comprehensive tort reform package in early 2011. Part of the legislation changed Wisconsin’s evidence rules governing the admissibility of witness testimony on scientific, technical or specialized subjects. Wisconsin law now aligns with federal...

Subrogating Against The Long Island Power Authority--Guidelines and Pitfalls

March 13, 2012 19:16

In situations where the Long Island electrical distribution system is involved in causing the loss, it is critically important to make sure that you adhere to certain particular Notice of Claim requirements, heed the shortened statute of limitations period, and also identify any additional...

New Rule for Hearings in Arbitration Forums

March 08, 2012 15:37

Recovery professionals handling claims in Arbitration Forums, Inc.’s Property Arbitration Forum should be aware that, as of March 1, 2012, Arbitration Forums will be implementing new rules for hearings. Rule 3-7 now states that the written Contentions and supporting evidence submitted are all...

Michigan Expands Contractors' Tort Liability

March 05, 2012 15:59

A beautiful Michigan home burned down in 2007 due to an improperly installed fireplace. The home was re-built in 2007, but a year later, the home burned again. The insurer paid both losses, and asked subrogation counsel to investigate the matter for subrogation potential. The experts...

Remember the Basics--Make Sure the Insured Knows Whether Subrogation Counsel is Representing Their Interests

February 20, 2012 17:03

It is not uncommon for subrogation counsel to file suit in the name of the insured for a variety of reasons. The most obvious is when counsel represents the insured for their uninsured losses or their deductible. However, there are times that for tactical reasons, counsel files...

The Independent Contractor Doctrine is Not Always Applicable in Delivery and Installation Cases

February 13, 2012 22:53

Defendants often claim that the negligent work they are being sued for was done by “an independent contractor”—thus attempting to alleviate their responsibility. This defense is often raised in cases where construction is being performed. However, it can also be raised when one...

Pennsylvania Rejects Independent Action for Negligent Spoliation

February 06, 2012 17:32

The Pennsylvania Supreme Court recently joined “the overwhelming majority” of states that have declined to recognize a separate cause of action in tort for negligent spoliation of evidence. In Pyeritz v. Commonwealth of Pennsylvania, __ Pa. __, 32 A.2d 687 (2011), the Court held that...

New Discovery Rules in Utah may Streamline Your Subrogation Case

January 27, 2012 14:57

The Utah Supreme Court recently approved a number of amendments to the Utah Rules of Civil Procedure which limit discovery in civil actions. The amendments became effective for all cases filed after November 1, 2011. The purpose of the amendments are to allow discovery in proportion...

California's Right to Repair Act: What teeth does it have when its requirements are not followed?

January 24, 2012 19:30

Imagine Mr. and Mrs. Johnson are recent first-time homeowners in California. Last year, they purchased a new home built by Lemon Construction. Shortly after moving into the home, the Johnsons went on a short vacation. To their dismay, they returned the following week to find the entire upstairs of...