A number of property damage subrogation cases involve pursuit by a property owner’s insurer of a negligent tenant. Once liability is determined, the first part of the legal analysis is to determine application of the Implied Co-Insurance Doctrine. In review of the policy and lease agreement, we determine if the tenant is covered under the…

This Women in Subro blog series highlights powerhouse women in the industry while discussing leadership, management, and success in subrogation. 

We interviewed Laurie Conway, Claims Adjuster with Florida Intracoastal Underwriters, and learned that success in subrogation can come even as a second career.  Laurie took the claims adjuster exam and passed the first time at…

Cozen O’Connor’s Subrogation attorney Larry Walker assisted on the team of other Cozen lawyers (Matt Glazer and Chase Howard), along with the Pennsylvania Innocence Project, to secure the exoneration and release of a man wrongfully convicted of arson. 

Their client, Harold Staten, who is now 71, had been in prison for nearly 38 years serving…

On March 24, 2023, Florida reduced the Statute of Limitations for negligence claims from 4 years to 2 years for any negligence causes of action arising after the amendment went into effect on that date.  Fla. Stat. § 95.11(4)(a); see also Florida House Bill 837, https://www.flsenate.gov/Session/Bill/2023/837.  Negligence if often pled in tandem with or…

Happy New Year to all of our fellow subrogation friends!  Many of us use the start of the New Year to create personal New Year’s Resolutions.  These resolutions are not limited to our personal lives.  In this episode of Subro on the Go, regular co-hosts David Brisco and Joe Rich are joined by subrogation attorneys…

For nearly 50 years, Texas has imposed a ten-year statute of repose on suits against builders or contractors who construct or repair improvements to real property.  On June 9, 2023, House Bill 2024 amended Section 16.009 of the Texas Civil Practice and Remedies Code to create a shorter, six-year repose period in certain circumstances.

Who…

Vacant buildings, due to improper security, maintenance or protection, are constantly the source of fires that spread to neighboring and innocent property owners. These properties create significant risks to their surroundings while making subrogation claims difficult from the outset.

There is a general common law duty imposed on property owners to avoid causing unreasonable or…