What’s New

The law is always changing. Clausen Miller stays informed so that our clients are, too. We are counselors and litigators. And, we are also educators. We present at industry conferences and in the boardrooms of our clients’ offices. As thought leaders, we write on cutting edge developments–about things that our clients need for their work.

See moreSee less

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


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,

Subscribe to the CM Report

Stay on top of legal developments in your industry.

    • Chicago

      Illinois 60603

      10 South LaSalle Street

      Chicago, Illinois 60603

      T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

    • New York

      New York 10005

      28 Liberty Street 39th Floor

      New York, New York 10005

      T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Tyler Jay Lory

    • Mission Viejo

      California 92691

      27285 Las Ramblas

      Suite 200

      Mission Viejo, California 92691

      T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

    • Florham Park

      New Jersey 07932

      100 Campus Drive

      Florham Park, New Jersey 07932

      T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

    • Michigan City

      Indiana 46360

      200 Commerce Square

      Michigan City, Indiana 46360

      T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

    • Appleton

      Wisconsin 54914

      4650 W. Spencer Street

      Appleton, Wisconsin 54914

      T: 920.560.4658 TF: 800.826.3505 F: 920.968.4650 Office Managing Partner: Patrick L. Breen

    • Stamford

      Connecticut 06902

      68 Southfield Avenue

      2 Stamford Landing Suite 100

      Stamford, Connecticut 06902

      T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

    • Tampa

      Florida 33609

      4830 West Kennedy Boulevard, One Urban Center

      Suite 600

      Tampa, Florida 33609

      T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Anne E. Kevlin

    • San Francisco

      California 94111

      100 Pine Street

      Suite 1250

      San Francisco, California 94111

      T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman