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Category Archives: Subrogation

National Fire Protection Association and NFPA 921

For the first time in 1992, nearly 100 years after its inception, the NFPA published its “Guide for Fire and Explosion Investigations” under NFPA 921. This publication established guidelines and recommendations for the safe and systematic investigation or analysis of fire and explosion incidents. As such, NFPA 921 provides standards and procedures for fire investigation methodology, which the NFPA encourages familiarity and understanding by professional fire investigators.

Illinois Deductible Reimbursement

In this article, we’ll help you distinguish administrative expenses from incurred expenses. Deductible reimbursement surfaces when you successfully subrogate a loss against a third party and make a recovery on the claim payments. At that time, a determination is made as to what portion of the insured’s deductible should be reimbursed.

Consumer Product Safety Commission Recalls

If you are a property adjuster, you are familiar with losses caused by defective products. We are seeing a significant increase in property damage caused by water and fire as a direct result of a defective product. Therefore, we would like to remind you of the following Consumer Product Safety Commission (CPSC) recalls…

Ethan Clark Joins Property Subrogation Practice

Clark is at the forefront of his peers as his understanding of the changing nature of litigation allows him to be a reliable resource to those within the firm. He is often approached to discuss various legal theories and tasked with identifying ways to counter strategies used by opposing counsel.

Negligence Standard: Public Roadways versus Private Parking Lots or Roads

An auto accident that takes place on a public roadway has a different negligence duty versus an auto accident in a private parking lot or road. Triers of fact will have more opportunity to find comparative negligence between the parties versus an accident on a public roadway, subject to Ohio statutes.

The Economic Loss Rule

The Economic Loss Rule is a doctrine that prohibits recovery for an economic loss resulting from a wrongful act or an infringement of a right, when unaccompanied by physical property damage or personal injury. Instead, only parties to the contract or contractual beneficiaries may recover economic losses. An economic loss is a financial loss. The… Read More »

Product Recalls and Defects

If you are a property adjuster, you are familiar with losses caused by defective products. We are seeing a significant increase in property damage caused by water and fire as a direct result of a defective product. Many firms litigate but few actually litigate a product liability matter to completion. This is why we are trying to work with you to bundle these files to increase the settlement value and decrease your operational costs associated with adjusting each claim.

Subrogation Recovery on a Workers’ Compensation Lien

Did you know that it is still possible to pursue subrogation recovery on a workers’ compensation lien for a lien that accrued outside of Ohio? You may pursue reimbursement of the workers’ comp lien up to two years from the date the lien was paid.

A Workers’ Compensation Dilemma

What happens when a worker injured in a third-party settles a personal injury claim with a liability insurer before receiving BWC benefits? Third-party liability insurers making payments for injuries and damages from an on-the-job accident must provide prompt notice of its subrogation interests to the Ohio BWC.

Sub-contractor Liability

From a negligence perspective, Illinois common law maintains a separation of liability between independent and general contractors. Given the absence of a contract, or other factors discussed later, one who hires an independent or sub-contractor is not responsible for the negligence of that person or company. In terms of subrogation this can be quite frustrating.