Property Damage, Summary Judgment, Subrogation

A Matter of Circumstance: New York Court Finds Circumstantial Evidence Enough

White and Williams LLP on 4/2/2025

In State Farm Fire & Cas. Co. a/s/o Miriam Perez v. Pentair Flow Techs., LLC No. 7:21-CV-6679, 2025 U.S. Dist. LEXIS 36875, the United States District Court for the Southern District of New York (District Court) reconsidered...more

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

White and Williams LLP on 6/7/2022

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

Indiana Rejects Subrogation Waiver Argument Where Contractor Performed Work At The Request Of Another

Butler Weihmuller Katz Craig LLP on 5/12/2022

In U.S. Automatic Sprinkler Corp. v. Erie Insurance Exchange, 21A-CT-580, 2022 WL 906142 (Ind. Ct. App. Mar. 29, 2022), the Indiana Court of Appeals held that a subrogation waiver in an insured’s maintenance contract did not...more

Tenants Underwater: Indiana Court of Appeals Upholds Privity Requirement for Property Damage Claims Against Contractors

White and Williams LLP on 4/22/2022

In United States Automatic Sprinkler Corp. v. Erie Ins. Exch., et al., No. 21A-CT-580, 2022 Ind. App. LEXIS 87 (Automatic Sprinkler), the Court of Appeals of Indiana (Court of Appeals) considered whether there is a privity...more

District Court in Utah Grants Summary Judgment for Contractor Against Insurance Subrogation Claim Based on Contractual Waiver...

Troutman Pepper Locke on 5/31/2019

Aquatherm, LLC v. CentiMark Corp, 2019 BL 13240 (D. Utah Apr. 12, 2019) - Stag II Lindon LLC and Stag Industrial Inc. (collectively “Stag”) owned a building in Lindon, Utah. Stag contracted with CentiMark Corp....more

Court Finds AIA Subrogation Waiver Inapplicable; Appeal Pending

Butler Weihmuller Katz Craig LLP on 8/7/2018

In Liberty Mutual Fire Insurance Co. v. Fowlkes Plumbing LLC, 17-cv-010-GHD-DAS, 2018 WL 842169 (N.D. Miss. Feb. 12, 2018), the District Court for the Northern District of Mississippi held that the subrogation waiver of...more

Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming

Cozen O'Connor on 10/5/2016

According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that...more

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