Category Archives: Property Subrogation
When property damage or other injuries occur in the context of an Act of God, an insurer should not conclude that subrogation is not possible due to the Act of God defense. Although the Act of God may be a large contributing factor to a particular injury or damage claim, there is potential for subrogation against a party whose human factor contributed to the damages sustained. In reality, subrogation in the context of an Act of God is not different from subrogation in the context of any property damage or injury claim.
The defendant, who was known to do a lot of tinkering around the home and working on his own cars, was planning something and had removed the cap on the gas line of his home. Of particular significance, was the fact that the defendant had sent a message to a person he was communicating with on a local dating website, where he indicated he “smelled propane and had to go see what was going on” and that he “hoped he didn’t blow the place up”. Afterwards, the defendant’s home exploded. The explosion, and subsequent fire, killed the defendant and damaged the insured’s home. The insured’s home was damaged beyond repair and had to be torn down.
Pets have a tendency to make their way into subrogation files. The inevitable question we ask is whether a cause of action to base recovery upon exists. In Illinois, the Illinois Animal Control Act supplements the general common law rule. The owner or keeper of an animal is liable for injuries caused by the animal… Read More »
Many may believe that when a horse, cow, or the like are found running at large on a public road and cause an accident, that the owner is strictly liable. That is not true. The injured party still must prove the owner or “keeper” of the animal was negligent. In other words, the owner or… Read More »
Subrogating property losses, within the context of the landlord and tenant relationship, can add layers of complexity outside of the general issues that come with all property claims, such as cause and origin of the loss and actual damages incurred. Before expending costs and time, one issue worth analysis is figuring out exactly who can… Read More »
The Economic Loss Doctrine can be a roadblock to subrogation. Exploration of exceptions to the doctrine can provide subrogation professionals with tools to navigate their way to recovery. An economic loss refers to a financial loss and damages suffered by a person or entity, which arise from a defect in the qualitative nature of the… Read More »
Perhaps no legal cause of action is more frequently applied or universal than one sounding in negligence. We bring it when another driver damages our vehicles, when our buildings are damaged from faulty construction, and when a medical procedure leaves a patient worse off than before. While some negligence actions may be held to a… Read More »
In 2014, the West Virginia Supreme Court made a significant change to a party’s ability to recover for damage to real property. Prior to the Court’s 2014 ruling in Brooks v. City of Huntington, a property owner could not recover damages greater than the property’s fair market value. However, in Brooks, the Court ruled that… Read More »
There are hundreds of cases and articles addressing how to assess damage to real and personal property. Using highly calculated formulas, the discussion typically focuses on how to determine market value of real property. Though beneficial to assess real property, these discussions fall short when they fail to address how to assess damage to personal… Read More »
The consumer expectation standard, which had been removed from the Ohio Products Liability Act in 2005, could not be relied on by the purchaser of a space heater to support his design defect claim, which was based solely on circumstantial evidence, a federal court in Ohio ruled. However, the homeowner did provide sufficient circumstantial evidence… Read More »