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...
Exceptions to the Economic Loss Doctrine
Economic Loss Doctrine 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 product, service, or improvement that was bargained for. Generally, an economic loss is observed on assets (i.e., “the books”) rather...
Indiana Med Pay Subrogation Statute
The Indiana Medical Payment Subrogation Statute, Indiana Code 34-53-1-2, requires insurance carriers to use its insured’s attorney as its own attorney for its medical payments lien when an insured files a personal injury lawsuit.
Take Caution When Fronting At Fault Party’s Carrier Limit
We have all been there before. Your insured is injured and the at fault party is underinsured. The at fault party’s carrier offers policy limits but your company elects to front the limits and retain subrogation rights. The two-year bodily injury statute of limitations is approaching and your adjuster has...
Ohio Landlord-Tenant Law
The Landlord-Tenant Law applies to all residential properties and not commercial leases in the state of Ohio. As such, none of the rights outlined in 5321.04 for Landlord Obligations and 5321.05 for Tenant Obligations may be taken away by any written or oral agreement.
Issues Involving Illinois Condominium Claims
In Chicago, we often find property loss claims that occur at condominium units. Aside from general issues that come with all property claims, such as cause and origin of the loss and actual damages incurred, two issues should be investigated from the outset.
Liquidated Damages and Limitation of Liability Clauses
Liquidated damages clauses and limitation of liability clauses are common in contracts but have different roles. Liquidated damages clauses try to fix, in advance, the amount of reasonable compensation for actual damages. Limitation of liability clauses restrict the amount of compensation available, regardless of the damages suffered. While the provisions both...
Other Insurance Clause is Excess…Really
Other insurance clauses, also known as excess clauses, seem to appear in every case with concurrent coverage under multiple policies. This common situation presents itself when an insured is driving a car owned by a friend or family member. Each insurance policy provides coverage for the accident, but both policies...
SR-22 Bonds and Recovering Payments
In situations where a policy exclusion may apply, but payment has to be made due to the SR-22 bond, an insurer can seek reimbursement from its insured.