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What’s Good for the Goose is Good for the Subrogee: When Comparative Fault May Not Reduce Subrogation Recovery

July 10, 2013 / Writing and Speaking

Introduction

Where comparative fault is attributable to a subrogation plaintiff, it may reduce recovery. But, just as a defendant might assert lack of foreseeability or failure of a plaintiff to meet its own obligations,

Washington Supreme Court Addresses Ensuing Loss Provisions

July 10, 2012 / Writing and Speaking

The Washington Supreme Court recently issued two decisions addressing ensuing loss provisions involving various exclusions in first-party property insurance policies. We provide a brief analysis below concerning these important cases.

Vision One, LLC v.

Early Notice to Adverse Parties in Subrogation

March 10, 2009 / Writing and Speaking

If you are a subrogation professional, you likely know that it is good practice to provide adverse ties with early notice of the loss.  Here are some reasons why:

1.To Avoid Spoliation of Evidence 

Defense counsel are often aggressive in arguing spoliation of evidence. 

Doctrine Of Superior Equitites Applied (But Questioned) in California Subrogation Case

April 10, 2007 / Writing and Speaking

Since 1938, California law has required that an insurer have superior equities in order to prevail in a subrogation action against a third party.  In other words, although an insurer might have a subrogation interest in the insured’s claim against the party that caused the loss,

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