Oftentimes, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages included in the subrogation demand, and contend that they only owe “Actual Cash Value” (“ACV”),...more
9/4/2020
/ Cash Value ,
Denial of Insurance Coverage ,
First-Party Coverage ,
Insurance Adjusters ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Property Damage ,
Property Insurance ,
Repairs ,
Subrogation ,
Third-Party Liability
The Made Whole Rule and the handling of the insured’s deductible and uninsured losses alongside the subrogation claim remain ever-present topics of discussion amongst subrogation professionals and within subrogation case law....more
Join us for this week's Thursday Tip as Partner Aaron Jacobs discusses the Made-Whole Rule in Subrogation law.
#ButlerLegal #ThursdayTips #ThursdayThoughts
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Like all other aspects of life, the forensic investigations of existing and new subrogation claims has been significantly impacted by the COVID-19 pandemic.
Senior Mechanical Engineer and Certified Fire Investigator, C....more
Insurance subrogation professionals face unique hurdles when a tortfeasor’s liability insurance limit is insufficient to pay the entirety of the subrogation claim and claims asserted by other parties. In other words,...more
Historically, many jurisdictions have held that Amazon was not a “Seller” when considering products sold on its website by third-party vendors. Recently, a U.S. Court of Appeals held for the first time that Amazon was a...more
The litigation ensuing from the catastrophic events of 9/11 highlighted the importance of addressing “Made Whole” considerations when evaluating subrogation claims. Butler’s Managing Partner, Scott Katz and Partner, Jessica...more
The trucking industry has experienced considerable growth in recent years. Trucking and transportation needs are expected to continue in the foreseeable future and this may lead to an increase in the volume of damaged cargo...more
There are many critical factors that must be considered when drafting or reviewing a proposed subrogation release. For example, many insurers are reluctant to agree to any indemnity, hold harmless, or confidentiality...more
ALL NEW VLOG! In the landlord/tenant context, the question of who is an insured under the applicable policy may not always be clear. Watch as Subrogation Partner Aaron Jacobs revisits subrogation in the landlord/tenant...more
Recently, I was speaking with a client, and we were discussing some of the unique issues subrogation professionals face on a regular basis....more
What’s going on in the world of Subrogation and Recovery? Join Partner Aaron Jacobs as he hosts Butler’s brand-new Podcast Series, Subro Sense. Filled with insightful tips and enlightening conversations with subrogation...more
Oftentimes, during the course of a subrogation claim, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages demanded, and contend that they only owe “Actual Cash...more