News & Analysis as of

Subrogation Property Owners

White and Williams LLP

California Clarifies Basis for Inverse Condemnation Claims

Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available....more

White and Williams LLP

Let’s Give ‘Em Sutton to Talk About: Tennessee Court Enforces Sutton Doctrine

White and Williams LLP on

In Patton v Pearson, No. M2022-00708-COA-RC-CV, 2023 Tenn. App. LEXIS 231, the Court of Appeals of Tennessee (Court of Appeals) considered whether the lower court erred in dismissing an insurance carrier’s lawsuit against its...more

Butler Weihmuller Katz Craig LLP

Florida’s Shortened Statute of Repose for Construction Defect Claims

On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed Senate Bill 360 into law. This most recent bill makes changes to, among other laws, Florida Statute...more

Cozen O'Connor

Fast & Furious Tort Law Changes, Part 2: Shorter Statute of Repose for Improvements

Cozen O'Connor on

On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those...more

White and Williams LLP

Update - Property Owner’s Defense Goes up in Smoke in Careless Smoking Case

Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. In Steamfitters Local Union No. 602 v. Erie Ins. Exch., 2020 Md. LEXIS 347 (July 27, 2020) (Steamfitters Local), a matter...more

Cozen O'Connor

Property Owners Owe Duty of Reasonable Care to Neighbors in Maryland if Circumstances Create Hazard

Cozen O'Connor on

In June of last year we reported an affirmance from the Maryland Court of Special Appeals holding that a property owner owes a duty of care to the owners and occupants of neighboring properties to use and maintain that...more

Nossaman LLP

Lessons in Litigating Inverse Condemnation Claims

Nossaman LLP on

Inverse condemnation litigation and liability has become a particularly hot topic in California over the last several years. Not many attorneys specialize in this area, and there are a number of traps for the unwary lawyers,...more

White and Williams LLP

Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

White and Williams LLP on

Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. When a property owner knows or should know about a condition that poses a risk of danger to neighboring properties, the property...more

Cozen O'Connor

Property Owners Owe Duty of Care to Neighbors Even When Use Is Not Inherently or Unreasonably Dangerous

Cozen O'Connor on

The Maryland Court of Special Appeals recently held in a reported opinion that a property owner owes a duty of care to the owners and occupants of neighboring properties to use and maintain that property in a reasonably safe...more

Ward and Smith, P.A.

Construction Law: Final Payment by Owner, Avoiding Lien Claims

Ward and Smith, P.A. on

A contractor has finished work on a construction project in North Carolina and submitted a written request for final payment to the owner of the real property that has been improved by the construction. The owner is...more

Butler Weihmuller Katz Craig LLP

QUICK INVESTIGATING TIPS FOR FIRE SPRINKLER CLAIMS

Watch Partner Mary Jo Kuusela as she presented Quick Investigating Tips for Fire Sprinkler Claims. This course provides the adjuster and subrogation specialist with quick investigating tips for simple to complex issues...more

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