When pursuing a subrogation claim for property damages against a public entity, the claimant carrier must evaluate its potential causes of action (i.e., theories of liability). Two common tort actions, with their differences often misunderstood, are inverse condemnation and negligence.
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No Room for Assumptions: Oregon Supreme Court Reinforces Strict Standard for Tort Waivers
As parties increasingly seek to limit liability through contractual disclaimers, the Oregon Supreme Court has issued a clear reminder: tort waivers must be stated in unmistakable terms to be enforceable. Courts will not infer a waiver from context or implication
Preserving the Scene, Preventing Delays: A Balancing Act for Joint Site Inspections
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
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.
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
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
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
From Sparks to Subrogation: Understanding Thermal Runaway
Fire Prevention Week is October 5–11, and this year’s theme is “Charge into Fire Safety,” focusing on the safe use and disposal of lithium-ion batteries, a growing cause of fires. Understanding thermal runaway for fire safety purposes helps with the
Bills of Lading / Carriage of Goods, And How to Get Around the Limitation of Liability Clauses Therein
International trade has become more seamless over the years, and bills of lading which represent a receipt, contract and proof of ownership all at the same time, play a key role in this. It is important for parties to a
CPSC Recalls Frigidaire-branded Minifridges for Fire Hazards
On July 24, 2025, the Consumer Product Safety Commission (CPSC) issued a recall for more than 634,000 Frigidaire-branded minifridges. The CPSC recall notice indicates that the minifridges’ “electrical components can short circuit and ignite the surrounding plastic housing, posing fire