Court Denies Subrogating Carrier’s Attempt to “Sever” Its Claim from Its Insured’s Personal Injury Action

In the early morning hours of December 2005, a horrible explosion occurred at a house in the Village of Horseheads in Chemung County.  The explosion caused serious injuries to the family living at the house.  Additionally, several nearby buildings were destroyed, including Pete’s Garage.  Pete’s submitted a claim to its carrier and the carrier paid approximately $50,000.

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Party Skipping Joint Scene Exam Can't Later Cry "Spoliations"

How many of you have encountered this scenario?   A fire occurs and your investigator’s initial scene exam indicates there is the possibility of subrogation and has identifies a possible culprit.  You stop the scene exam and send a letter to the possible culprit(s) inviting him/her to set up a joint scene exam so their representative can view the fire scene before the area is cleaned out and rebuilt.  The possible culprit (or their carrier) either doesn’t respond or refuses to cooperate in setting a date in the very near future for the joint scene exam.  What do you do?

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Five Defenses to Contractual Waivers of Subrogation

Note:  For my March 2014 Subrogation Newsletter Alert, I’m posting the article which The Subrogator magazine published in its Winter 2014 issue regarding waiver of subrogation language in construction contracts, and defenses you should consider.

"Nothing is more frustrating than having a “slam dunk” property subrogation claim, only to find out that your insured’s contract with the contractor who caused the property loss contains “waiver of subrogation” language. The law varies among jurisdictions but, generally speaking courts have frequently upheld such waivers..." Read full pdf article



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