Conducting subrogation investigations is a balancing act. The need to move quickly to accommodate mitigation and repairs is balanced against the need for a proper and thorough investigation to ensure subrogation rights are preserved. Retaining experts and consultants, identifying potential
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Florida Appellate Court Confirms Insurer Cannot Waive Residency Requirement in Homeowners Policy
Florida’s Fourth District Court of Appeal recently clarified the enforceability of the “residence-premises” requirement in homeowners’ insurance policies. In Universal Property & Casualty Insurance Company v. Boniface Jean, the appellate court reversed a jury verdict in favor of the homeowner,
Spread (Is) The Word…Secondary Theories of Recovery
Fires linked to homeless individuals seeking shelter on private property are no longer rare incidents. These situations raise a critical question: when does a property owner’s inaction cross the line into negligence?
The answer lies in the duty of care.
Major Pasta Recall Illustrates Issues that Could Arise Under Food Contamination Insurance Policies
Since June, the FDA, USDA and CDC have been investigating a multistate outbreak of Listeria monocytogenes infections linked to prepared meals. In September, the outbreak was traced to a supplier of pre-cooked pasta, Nate’s Fine Foods. Even so, Nate’s Fine Foods reports
Dents Don’t Count: Court Clarifies Hail Damage Coverage
In Cannon Falls Area Schools v. Hanover American Insurance Company (2025 WL 2976533 (D. Minn. 2025)), the United States District Court for the District of Minnesota held that a property insurer properly denied coverage pursuant to a cosmetic damage exclusion
Ways to Maximize Subrogation Recoveries in Q4: Settling Fast & Closing Strong
In this episode of Subro on the Go, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by Michael O’Donnell (Philadelphia) and Ben Migliorino (Denver) to discuss tips on maximizing recoveries in the 4th quarter. Just as
OSHA Snapshot Updates
Federal Shutdown: As the longest federal shutdown drags onward, OSHA continues to operate on a skeletal staff. With limited exceptions that include the inspection of imminent danger situations, inspection of workplace fatalities, review of whistleblower complaints, and follow up inspections
Potential Shift in Liability Landscape for Unregulated Homeless Encampments on Government Property
Homelessness is a major issue in American cities. We receive many subrogation inquiries about whether public entities can be pursued when an incident begins in a homeless encampment on government property and then causes damage to an insured’s property.
Before
11th Circuit Rules GEICO did Not Act in Bad Faith in Handling Auto Accident Claim
In the recent decision of Martinez v. GEICO Casualty Insurance Company, 2025 WL 2699231 (11th Cir. Sept. 23, 2025), the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s order granting summary judgment for GEICO Casualty Insurance
Landlord-Tenant Subrogation Factors For Assessing Recovery Potential in Minnesota
In the context of a landlord-tenant relationship, a landlord’s insurer’s right to subrogate against a tenant in Minnesota has evolved over time. What began as an anti-landlord tenant subrogation state has now evolved to a reasonable, contextual analysis of