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Website title: Subrogation & Recovery Law Blog – Commentary on Current Issues & Developing Trends in Subrogation & Recovery

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Oregon House Bill 3746, which became law on July 24, 2025 and became effective on January 1, 2026, operates to shorten the statute of repose for “a tort action by a homeowners association or association of unit owners arising from the defective construction, alteration or repair of a structure or unit.”

Prior to the enactment of HB 3746, the repose period for s...


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When pursuing a subrogation claim for property damages against a public entity, the claimant carrier must evaluate its potential causes of action (i.e., theories of liability). Two common tort actions, with their differences often misunderstood, are inverse condemnation and negligence. For your quick reference, we compare and contrast the two.

Inverse Co...


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As parties increasingly seek to limit liability through contractual disclaimers, the Oregon Supreme Court has issued a clear reminder: tort waivers must be stated in unmistakable terms to be enforceable. Courts will not infer a waiver from context or implication alone.

In Certain Underwriters at Lloyd’s London v. TNA NA Manufacturing, Inc.


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Conducting subrogation investigations is a balancing act. The need to move quickly to accommodate mitigation and repairs is balanced against the need for a proper and thorough investigation to ensure subrogation rights are preserved. Retaining experts and consultants, identifying potential interested parties and adverse parties, sending notices, and accommodating schedules of...


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Fires linked to homeless individuals seeking shelter on private property are no longer rare incidents. These situations raise a critical question: when does a property owner’s inaction cross the line into negligence?

The answer lies in the duty of care. Property owners have a responsibility to maintain their premises in a reasonably safe condition, not only for ...


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