News & Analysis as of

Negligence Subrogation

White and Williams LLP

Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit

White and Williams LLP on

In Phila. Indem. Ins. Co. v. Gonzalez, No. 1-23-0833, 2024 Ill. App. Unpub. LEXIS 1372, the Appellate Court of Illinois considered whether the terms of a lease agreement limited a tenant’s liability for fire damages, a fire...more

White and Williams LLP

Oh, THAT Contract: Ohio Court Bars Plaintiff’s Negligence Claim Based on Subrogation Waiver and Accelerated Limitations Period in...

In Ohio Sec. Ins. Co v. Brakefire, Inc., CA. No. 5:24-cv-267, 2024 U.S. Dist. LEXIS 97606 (Brakefire), the United States District Court for the Northern District of Ohio considered whether a subrogating plaintiff’s negligence...more

Wiley Rein LLP

Delaware Court Dismisses Insurers’ Subrogation Action Against Software Provider Over Ransomware Payouts

Wiley Rein LLP on

The Superior Court of Delaware, applying Delaware law, has dismissed two lawsuits filed by nine insurance companies seeking to recover amounts they paid under cyber liability policies from a software company whose customers...more

White and Williams LLP

Subrogation Waiver Unconscionable in Residential Fuel Delivery Contract

White and Williams LLP on

In a matter of first impression, the Superior Court of Connecticut (Superior Court), in American Commerce Ins., Co. v. Eastern Fuel Corp., No. CV-206109168-S, 2024 Conn. Super. LEXIS 380, held that a waiver of subrogation...more

White and Williams LLP

Pursuing Claims Against Minors and Their Parents

White and Williams LLP on

Chris Konzelmann, Partner, hosts the newest episode of the Subro Sessions podcast entitled: “Pursuing Claims Against Minors and Their Parents.” In this episode, Chris revisits a case and discusses the problems that may arise...more

Saul Ewing LLP

Subcontractors Were Not Third-Party Beneficiaries of Waiver of Subrogation Language in a General Contract, Requiring Reversal of...

Saul Ewing LLP on

A recent Maryland appellate decision arising from an insurance company’s exercise of subrogation rights against negligent subcontractors in connection with tornado damage to a warehouse illustrates the pitfalls of waiver of...more

White and Williams LLP

I Spy Claims Against Amazon

White and Williams LLP on

A federal court in West Virginia recently ruled that a negligence claim could proceed against Amazon related to a spy camera used to take unsolicited photos of a teenage girl. M.S. v. Amazon.com, Inc., No. 3:23-cv-0046, 2023...more

White and Williams LLP

Wyoming Supreme Court Picks a Side After Reviewing the Sutton Rule

White and Williams LLP on

In a matter of first impression, the Supreme Court of Wyoming (Supreme Court), in West American Insurance Company v. Black Dog Consulting Inc., No. S-23-0052, 2023 WY 109, 2023 Wyo. LEXIS 111, examined whether a landlord’s...more

White and Williams LLP

Beware: A Security Company’s Contract May Eliminate Your Causes of Action

White and Williams LLP on

xIn Jewels by Iroff, Inc. v. Securitas Tech. Corp., No. 1:23-CV-556-TWT, 2023 U.S. Dist. LEXIS 172391, a Georgia federal court addressed a suit against a security/alarm company arising from a break-in at a jewelry store where...more

White and Williams LLP

Insurer Doomed in Delaware by the Sutton Rule

White and Williams LLP on

In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more

White and Williams LLP

Insurer Springs a Leak in Its Pursuit of Subrogation

White and Williams LLP on

In Nationwide Prop & Cas. Ins. Co. v. Fireline Corp., No. 1:20-cv-00684, 2023 U.S. Dist. LEXIS 104241, the United States District Court for the District of Maryland (District Court) considered whether the events giving rise...more

White and Williams LLP

Waiver of Subrogation and Lack of Contractual Privity Bars Commercial Tenants’ Claims

White and Williams LLP on

In United States Automatic Sprinkler Corporation v. Erie Insurance Exchange, et al., No. 2SS-CT-264, 2023 Ind. LEXIS 105, the Supreme Court of Indiana (Supreme Court) reversed an order of the trial court that denied a motion...more

Cozen O'Connor

Fast & Furious Tort Law Changes in Florida: New Negligence Statute of Limitations & Comparative Fault Rule

Cozen O'Connor on

On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837, “Civil Remedies.” This Act moved quickly through the Florida Legislature process, after having been introduced in February of 2023. The Act is...more

White and Williams LLP

Florida Passes Tort Reform Bill

White and Williams LLP on

On Friday, March 24, 2023, Florida’s governor, Ron DeSantis, signed into law a tort reform bill, HB 837. The bill impacts, among other things, bad faith actions and attorney’s fee awards. Of particular importance to...more

Butler Weihmuller Katz Craig LLP

Florida’s Tort Reform and its Impact on Subrogation

HB 837 was introduced to the Florida House of Representatives on February 15, 2023.  The bill went quickly through the House of Representatives and Senate and was signed into law on March 24, 2023, by Governor Ron DeSantis....more

White and Williams LLP

Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of...

White and Williams LLP on

In Safeco Ins. Co. of Ill. v. LSP Prods. Grp., 2022 U.S. Dist. LEXIS 139566, the United States District Court for the District of Idaho (District Court) considered whether the plaintiff’s tort claims against the manufacturer...more

Rivkin Radler LLP

Insurance Update - July 2022

Rivkin Radler LLP on

Our July Insurance Update is here. This is what we discuss. “Hoosier” daddy? When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court...more

White and Williams LLP

Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations

In construction or similar ongoing projects, problems often pop up. Sometimes they can pop up again and again. Making things even more complicated, one problem may affect another, seemingly new problem. When these...more

White and Williams LLP

Can You Prove It? New Jersey Court Holds That Plaintiff Alleging Negligent Destruction of Evidence Failed to Sufficiently Prove...

White and Williams LLP on

In 27-35 Jackson Ave., LLC v. Samsung Fire & Marine Inc. Co., No. A-2925-19, 2021 N.J. Super LEXIS 120, the Superior Court of New Jersey, Appellate Division (Appellate Division) considered whether the lower court properly...more

White and Williams LLP

An Insured In-Part: Michigan Court Holds That Tenant Is an Implied Co-Insured on Landlord’s Property Insurance Only With Respect...

White and Williams LLP on

In Westfield Inc. Co. v. Ritcher, No. 20-CV-12692, 2021 U.S. Dist. Lexis 94926, the United States District Court for the Eastern District of Michigan considered whether a residential tenant was an implied co-insured on the...more

Steptoe & Johnson PLLC

A Broad New Interpretation of the Scope of the West Virginia Medical Professional Liability Act

Steptoe & Johnson PLLC on

The West Virginia Supreme Court issued a new memorandum decision which broadly interprets the scope of the West Virginia Medical Professional Liability Act, applying it to entities who were not recipients of health care...more

White and Williams LLP

New Hampshire Applies Crete/Sutton Doctrine to Bar Subrogation Against College Dormitory Residents

White and Williams LLP on

Pursuant to the Sutton Doctrine, first announced in Sutton v. Jondahl, 532 P.2d 478 (Okla. Ct. App. 1975), some jurisdictions consider a tenant a coinsured of its landlord absent an express agreement to the contrary. In Ro v....more

Rivkin Radler LLP

Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended...

Rivkin Radler LLP on

Eleventh Circuit Affirms “Exceptional Case” Ruling: Insurer Had No Duty to Defend Construction Debris Claim Where Amended Complaint Omitted Crucial Fact Implicating Pollution Exclusion The Eleventh Circuit, affirming the...more

White and Williams LLP

Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses

White and Williams LLP on

In Mech. Inc. v. Venture Elec. Contrs., Inc., No. 2018AP2380, 2020 Wisc. App. LEXIS 170, the Court of Appeals of Wisconsin, District Two, considered whether a party may bring a negligence claim for purely economic damages. In...more

White and Williams LLP

Texas Federal Court Rules Amazon Can Be Sued for Defective Product

White and Williams LLP on

Recently, in McMillan v. Amazon.com, Inc., No. 18-CV-2242, 2020 U.S. Dist. LEXIS 102025, the United States District Court for the Southern District of Texas ruled that Amazon.com, Inc. (Amazon) could be held liable as a...more

47 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide