We receive many cases involving claims against governmental entities. In Indiana, it is permissible to sue a governmental entity in a subrogation matter, but the subrogated carrier must meet certain requirements. This post is intended to give you information about how to comply with the statute that sets forth the...
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.
Subrogation Recovery Following a Natural Disaster
When an Act of God occurs it is important to consider all potential sources of injury, including whether there is any person or entity that had a duty to exercise reasonable care to avoid the harm, and if that person or entity met their duty.
Illinois Animal Control Act
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.
Contributory Negligence and Comparative Fault
Comparative fault and contributory negligence are two seemingly simple terms that can cause severe headaches in our daily lives if we don’t understand these terms. Each concept is applicable to an event where two or more persons may be responsible for the damages. Comparative fault and contributory negligence only apply...
Running at Large
This article will assist investigating this type of claim to determine if there is subrogation potential and how to go about prevailing on a claim against the owner and/or keep of the animal.
Subrogating Property Losses and Coinsured Status
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...
When Can a Parent or Guardian Be Liable for the Actions of Their Children
Liability for the actions of minors can always be a sticky issue. However, in certain scenarios, parents or guardians can be held liable for damage(s) caused by the actions of minors. The two most common scenarios where this issue comes up are auto accidents and vandalism claims.
Ohio’s Right of Contribution From a Joint Tortfeasor
In accordance with Ohio Revised Code 2307.25(A), if one or more persons are jointly and severally liable in tort for the same injury or loss to person or property or for the same wrongful death, there may be a right of contribution (even if a judgment has not been recovered...