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Subrogation & Recovery Law Blog

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

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Spread (Is) The Word…Secondary Theories of Recovery

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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Ways to Maximize Subrogation Recoveries in Q4: Settling Fast & Closing Strong

In this episode of Subro on the Go, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami) are joined by Michael O’Donnell (Philadelphia) and Ben Migliorino (Denver) to discuss tips on maximizing recoveries in the 4th quarter.  Just as a sports game heats up in the 4th quarter, so does the subrogation industry.  More specifically, the strategy yo...

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Potential Shift in Liability Landscape for Unregulated Homeless Encampments on Government Property

Homelessness is a major issue in American cities. We receive many subrogation inquiries about whether public entities can be pursued when an incident begins in a homeless encampment on government property and then causes damage to an insured’s property.

Before 2024, municipalities’ hands were tied by the Ninth Circuit’s holding in Martin v. City of Boise, </...

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Landlord-Tenant Subrogation Factors For Assessing Recovery Potential in Minnesota

            In the context of a landlord-tenant relationship, a landlord’s insurer’s right to subrogate against a tenant in Minnesota has evolved over time. What began as an anti-landlord tenant subrogation state has now evolved to a reasonable, contextual analysis of the applicable lease and relevant equities.

...

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From Sparks to Subrogation: Understanding Thermal Runaway

Fire Prevention Week is October 5–11, and this year’s theme is “Charge into Fire Safety,” focusing on the safe use and disposal of lithium-ion batteries, a growing cause of fires. Understanding thermal runaway for fire safety purposes helps with the prevention of losses related to lithium-ion batteries.  Understanding thermal runaway once the loss has already occurred wi...

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