Court Declines to Compel Appraisal Where Coverage is Disputed[1]
In FutureCare Health and Management Corporation v. Affiliated FM Insurance Company, 2026 WL 1947844 (D. Md. 2026), the United States District Court for the District of Maryland held that appraisal was not appropriate where the insurer disputed coverage for all claimed losses, rather than merely…
The dramatic expansion of AI‑driven data centers is being widely discussed as a once‑in‑a‑generation underwriting opportunity. Carriers, brokers, and reinsurers are racing to deploy unprecedented capacity, parametric solutions, and layered programs designed to address the size, complexity, and speed‑to‑market demands. Yet for those of us on the claims and subrogation side, this boom should raise…
In this episode of “Subro on the Go,” regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by their partners, Phil Carroll (Salt Lake City) and Phil Berens (LA), to continue the Back-to-Basics Series and discuss demand packages. Now that the investigation is over and you are ready to make a demand…
In the aftermath of a hurricane, property insurers often assume recovery prospects are non-existent. However, if there was recent work performed at the property, there may be subrogation potential. Recent roof work is often a major factor in exploring subrogation potential. With respect to a failed roof after a storm, the subrogation evaluation involves three…
A recent decision from the United States District Court for the Western District of North Carolina serves as a useful reminder for insurers in coverage litigation that a disputed coverage determination, standing alone, does not give rise to a viable claim for bad faith or unfair claim settlement practices. In Navia v. State Farm Fire…
In Bornoff v. State Farm Gen. Ins. Co., No. B339796, 2026 WL 1194424 (Cal. Ct. App. May 1, 2026), the California Court of Appeal, Second District, reversed summary adjudication of a policyholder’s bad faith claim, holding that the insurer failed to meet its initial burden to negate allegations that delayed payment caused extracontractual economic loss.…
It is the long awaited third volume of the Cozen O’Connor Subrogation Mixtape. Again, our playlist covers all genres (from country to hip hop, from the golden oldies to reggae, and everything in between) with themes of fire, water, and money. As always, it is an eclectic mix, like subrogation professionals themselves. There is something…
In Global Approach, Inc. v. Scottsdale Insurance Co., 2026 WL 1513430 (S.D. Fla. June 1, 2026), the United States District Court for the Southern District of Florida granted summary judgment to the insurer, holding that the insured’s six-week delay in reporting a water loss – coupled with pre-notice demolition and repairs – violated the policy’s…
In this episode of Subro on the Go, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by Andrew Dorr (San Diego) and Jermaine Lee (Miami) to continue our 2026 Back to Basics series where we are covering the key steps of handling a subrogation case, start to finish. In this initial…
In Scobee v. USAA Casualty Insurance Co., 168 F.4th 507 (8th Cir. 2026), the United States Court of Appeals for the Eighth Circuit issued a split decision on whether a rational factfinder would find an insurer’s conduct outrageous and in bad faith for offering to pay the policy limit in full satisfaction of a judgment…
